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.

Preface 1Introduction 3Section I: Overview of Private ADR Overview of Private ADRSection 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 MichiganSection 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 WorksSection 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 OrderSection 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 ExpertsSection 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 PracticeSection VII: Summary Judgment Summary Rule 56: Proposals for an Underused Rule Facilitating Settlement through Partial Summary JudgmentFor Further Reading