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Appellate Settlement Conference Programs: A Case Study, Susan A. Fitzgibbon
Appellate Settlement Conference Programs: A Case Study, Susan A. Fitzgibbon
Journal of Dispute Resolution
The 1990s may be the decade in which the courts bring alternative dispute resolution "in house." Professor Owen Fiss' nightmare that private settlement will rob courts of cases for the dispensation of justice and the furtherance of societal goals3 has become Professor Carrie Menkel-Meadow's foreboding that the courts will "co-opt" and drain the life from true alternative dispute resolution (ADR) processes.4 It may be argued that appellate court-sponsored settlement programs dodge both of these criticisms because parties have had a day in court, the process is a form of mediation, and the settlement is thus final only if the parties …
Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke
Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke
Journal of Dispute Resolution
In April of 1974, Chief Judge Irving R. Kaufman initiated a Civil Appeals Management Plan (hereinafter "CAMP") in the Second Circuit. Over the next thirteen years, pre-argument conference programs were implemented in several other circuits. To date, there are currently five circuits with such a program in effect. These programs possess some common characteristics as well as some distinguishing features. The purpose of this article is to present an overview of the use of the pre-argument conference program in federal appellate courts