Work of the CPR (Center for Public Resources) Legal Program in Developing Alternatives to the High Costs of Consumer and Other Disputes (From Consumer Dispute Resolution - Exploring the Alternatives, P 79-92, 1983, Larry Ray and Deborah Smolover, ed. - See NCJ-91236)

• NCJ Number: 91239
• Author(s): J F Henry
• Date Published: 1983
• Length: 14 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America
• Note: Remarks prepared for the Consumer Dispute Resolution Conference, January 17-18, 1983

Annotation

The minitrial, a highly structured settlement negotiation, is one of the most innovative and cost effective of the dispute resolution alternatives developed by the Legal Program of the Center for Public Resources (CPR).

Abstract

The CPR Legal Program aims to develop private alternatives to reduce litigation and regulatory disputes, develop dispute management practices, which serve to prevent disputes and to manage litigation costeffectively, to communicate useful information to public and private institutions, and to develop innovative resources for increasing the use of private resolution alternatives. The program is a growing coalition of over 100 general counsels of major corporations, together with leading law firms, academicians, and government regulators. The minitrial is voluntary, confidential, and nonbinding. It typically involves a stay of court proceedings, a period of limited discovery, and a 1-day or 2-day information exchange at which attorneys for each side present their best cases before a neutral advisor and managers with the authority to settle the dispute. The minitrial has been successful in cases involving breach of contract, unfair competition, unjust discharge, proprietary rights, multiparty cases, and cases involving the government. The legal program has also worked to develop alternatives for resolving consumer disputes concerning product and service warranties, consumer credit, and product liability. Ford Motor Company and Clairol have developed effective models for dealing with consumer complaints, while Sears has developed an effective model in the area of consumer credit. Companies have also developed numerous risk assessment and preventive mechanisms to deal with the problem of product liability claims. The CPR Legal Program will focus increasing attention on the subject of product liability conflicts.