By Erika S. Fine
ADR guide for Judges and attorneys.
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Additional resources for ADR and the Courts. A Manual for Judges and Lawyers
For diversity cases involving money damages, which are most similar to those cases eligible for arbitration in the state courts, arbitration holds forth the promise of reducing time to disposition, reducing litigants' costs (at least for defendants), and providing an opportunity for hearing in situations where trial is economically unattractive. These benefits could be extended to money damage suits involving the United States government if such cases were included within arbitration program jurisdictions.
D. Report of the Research Committee. Thirty (30) months after the effective date of these rules, the Research Committee shall file a report with the* clerk's office. The report shall be drawn by committee members other than judicial officers and officials of this court. The report shall include an evaluation of the arbitration rules in comparison with their stated purpose and shall make such recommendations as the Research Committee deems appropriate. e. Court Review. The court shall review the report of the Research Committee and, within six (6) months of the filing thereof, issue a standing order which continues, modifies, or terminates these arbitration rules.
There is a similarity between the "eve of trial" and the eve of the mediation hearing. A second reason is, of course, to settle cases that might not settle without the intervention of the court. These frequently include cases involving difficulties in evaluation, even for skilled counsel, and those in which emotions play the larger role. Many lawyers believe that some mediation panels simply assign a value to the case, rather than deciding for or against an individual party. Not all panels do this; the methodology employed depends on the lawyers on the panel.
ADR and the Courts. A Manual for Judges and Lawyers by Erika S. Fine