ADR and the Courts

ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system.

The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts.

The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection.

The selection is a dependable reference for lawyers and judges.

Inhalt

Preface 1
Introduction 3
Section I: Overview of Private ADR
Overview of Private ADR
Section II: Semi-Binding Forums
Summary
Court-Annexed Arbitration
Sample Arbitration Rule: Rules 601 - 611 from the U.S. District Court for the Middle District of North Carolina
Michigan Mediation
Mediation Rules from the U.S. District Court for the Western District of Michigan
Section III: Settlement Strategies
Summary
Settlement Hearings
Summary Jury Trial: A Flexible Settlement Alternative
The Mini-Trial in the District of Massachusetts
Mediation
Volunteer Attorney Mediation in Washington
Mediation: A Settlement Conference Format that Works
Section IV: Early Disposition Strategies
Summary
Early Neutral Evaluation: An Experiment to Expedite Dispute Resolution
Orders regarding Early Neutral Evaluation
Abbreviating Complex Civil Cases
Sample Pretrial Order
Section V: Judicial Adjuncts: Special Masters and Court-Appointed Experts
Summary
Overview: Managers, Mediators and Experts
Special Masters and Court-Appointed Experts: A Dialogue
Use of Masters and Magistrates in Complex Litigation
Special Masters as Mediators
Intensive Ad Hoc Mediation
Settlement Masters
Court-Appointed Experts
Court-Appointed Experts: An Overview
Settlement Conferences with Experts
Section VI: Discovery Management
Summary
Proposal for Reducing Discovery Costs
Proposed Pretrial Order
Neutral Discovery Managers: An Alternative for Discovery Dispute Resolution
Admissions Practice
Forms for Admissions Practice
Section VII: Summary Judgment
Summary
Rule 56: Proposals for an Underused Rule
Facilitating Settlement through Partial Summary Judgment
For Further Reading