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Full-Text Articles in Law
Civil Justice Reform In The Western District Of Missouri, Carl Tobias
Civil Justice Reform In The Western District Of Missouri, Carl Tobias
Missouri Law Review
Congress passed the Civil Justice Reform Act (CJRA) of 1990 out of growing concern about litigation abuse in federal civil lawsuits, increasing cost and delay in those cases, and declining federal court access.' The legislation commands every federal district court to promulgate a civil justice expense and delay reduction plan by December 1993. The statute also creates a demonstration program and designates the Northern District of California, the Northern District of West Virginia, and the Western District of Missouri as courts that are to "experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution.
Compulsory Alternative Dispute Resolution And Voluntarism: Two-Headed Monster Or Two Sides Of The Coin , Lucy V. Katz
Compulsory Alternative Dispute Resolution And Voluntarism: Two-Headed Monster Or Two Sides Of The Coin , Lucy V. Katz
Journal of Dispute Resolution
This Article broadly defines compulsory ADR3 to include any process in which the parties experience a lack of free choice about their participation, other than a civil or criminal trial with full due process protections. Thus, it includes not only court-ordered ADR4 (or alternatives mandated by statute), but also judicial mediation, settlement conferences, non-mandatory summary jury trials, and other techniques5 in which there is pressure on litigants to forgo trials, at least temporarily, and to utilize alternatives to bring about settlement.6