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Nova Law Review Full Issue Volume 42, Issue 3

Nova Law Review

No abstract provided.

The New Settlement Tools, Bernard Chao, Christopher Robertson, David Yokum

Sturm College of Law: Faculty Scholarship

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively rare, in part because parties seek to avoid the risks and cost of trials and courts seek to clear dockets efficiently. But as desirable as settlement may be, it can be a difficult way to resolve a dispute. Parties view their cases from different perspectives, and these perspectives often cause both sides to be overly optimistic and to expect unreasonably large or unreasonably small resolutions.

This article describes a novel …

Crowdsourcing & Data Analytics: The New Settlement Tools, Christopher Robertson, Bernard Chao, David Yokum

Faculty Scholarship

By protecting the right to a jury, the State and Federal Constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. However actual trials are relatively rare, in part because parties seek to avoid the risks and cost of trials, and courts seek to clear dockets efficiently. Even as settlement may be desirable, it is sometimes difficult to resolve a dispute. Parties naturally view their cases from different perspectives, and these perspectives often cause both sides to be overly optimistic, seeking unreasonably large or unreasonably small resolutions.

This article describes a novel method of incorporating layperson …