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Will The Seventh Amendment Survive Adr?, Roger W. Kirst
Will The Seventh Amendment Survive Adr?, Roger W. Kirst
Journal of Dispute Resolution
The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in …