NCJ Number
100844
Journal
Missouri Journal of Dispute Resolution Volume: 1985 Dated: (1985) Pages: 45-72
Date Published
1985
Length
0 pages
Annotation
After reviewing the implications of the use of alternative dispute settlement (ADR) procedures for seventh amendment doctrine (right to trial by jury), this paper considers administrative and preliminary procedures for implementing ADR and their differing implications for the seventh amendment.
Abstract
Any requirement that litigants use a formal ADR procedure instead of a common law action in court must be integrated into seventh amendment doctrine so as to justify the denial of jury trial. Under current doctrine, the exceptions most likely are administrative litigation and the allowance of preliminary procedures as a precondition to a jury trial. Administrative litigation features the absence of a jury or any procedure by which nonroutine cases can reach a jury. Preliminary procedures could include a path for nonroutine cases to reach a jury. Before the increased use of ADR and the decreased use of jury trial proceeds further, civil jury trials should advance their benefits by becoming more efficient and useful. A promising approach is the summary jury trial. This is a nonbinding, half-day ''trial' before a six-member lay panel. Attorneys summarize the evidence without witnesses and present their arguments. The resulting verdict often provides a basis for settlement. 88 footnotes.