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Dispute Resolution and Arbitration

Settlement

1988

Articles 1 - 3 of 3

Full-Text Articles in Law

Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne D. Brazil Jan 1988

Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne D. Brazil

Journal of Dispute Resolution

The purpose of this article is to describe in detail the most effective approaches and techniques that I have seen lawyers use in settlement conferences. Having hosted hundreds of negotiations, I have seen many different lawyering styles. In the pages that follow, I share with interested litigators my ideas (unconfirmed by scientific tests) about what works in the settlement dynamic and what does not. I write informally; the "you" that I address so often are the litigators I hope to reach.


Quality Of Settlements, The, Marc Galanter Jan 1988

Quality Of Settlements, The, Marc Galanter

Journal of Dispute Resolution

When I was a law student, some 30 years ago, I don't recall hearing much about settlement. I am sure that my teachers knew there were a lot of settlements, but they were not worthy of much attention. They were part of the realm of practical nuts and bolts detail that lay outside learning about the law; law school was about cases that were adjudicated.


Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude Jan 1988

Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude

Journal of Dispute Resolution

This study investigates judges' involvement in settlement, and the opinions that Missouri judges and attorneys hold toward that involvement. In a survey of 1,100 judges and 1,550 attorneys, we found that Missouri judges differ significantly from Missouri attorneys. Specifically, Missouri judges prefer less judicial involvement in settlement and they, in the cases sent to them, were less aggressive in facilitating settlement. Finally, judges and attorneys from Missouri's metropolitan areas were found to favor stronger involvement in settlement than were their counterparts from the non-metropolitan areas.