Role of the Private Judge or Neutral Advisor in Alternative Dispute Resolution (From Consumer Dispute Resolution - Exploring the Alternatives, P 523-540, Larry Ray and Deborah Smolover, ed. - See NCJ-91236)

• NCJ Number: 92427
• Author(s): H W Knight
• Date Published: 1983
• Length: 17 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America
• Note: Prepared for the White House Conference, Consumer Dispute Resolution - Exploring the Alternatives, Washington, DC, January 17-18, 1983

Annotation

Lawyers should consider the early use of a neutral third party as a means of reaching a resolution of a dispute, rather than looking to the traditional court process as the sole source of dispute resolution.

Abstract

Since about 90 percent of all cases settle before trial, it is clear that the basic issue is usually when to settle rather than whether to settle. Just as clients seek outside help by obtaining advice from their lawyers, so, too, should attorneys consider assistance from third parties who have the respect of the parties on both sides. Possible third parties include retired judges, past presidents of bar associations, senior legal statesmen, and recognized authorities in particular fields. Some organizations provide a full-time staff of retired judges expressly available for such assignments. The neutral person's function as an advisor can range from the relatively passive role of escrow holder to the role of rendering an advisory opinion. The third party may serve as a hearing officer, the leader of a voluntary settlement conference, a mediator, as a moderator of a minitrial, as a court-appointed expert, and as the neutral third party in a summary jury trial. The neutral advisor can also act as an adjudicator in a trial on order of reference or as a referee, master, or arbitrator. In most cases, some type of alternative dispute resolution is possible if the attorneys are willing to listen to reason and to their clients' economic demands.