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Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Journal of Dispute Resolution
In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.
Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller
Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller
Journal of Dispute Resolution
In the following pages, we will briefly delineate the settlement process, enumerate the techniques currently utilized by judges to facilitate settlement, and discuss the perceived ethics of these techniques. Finally, we will consider the circumstances under which judges typically participate in settlement.