NCJ Number
79065
Journal
Judges' Journal Volume: 20 Issue: 3 Dated: (Summer 1981) Pages: 16-19,46-47
Date Published
1981
Length
6 pages
Annotation
This article discusses a framework designed by the Department of Justice's (DOJ's) Office for Improvement in the Administration of Justice which would assure an affordable way to pursue or defend middle-size claims using a combination of simplified procedures and provisions to shift attorneys' fees appropriately.
Abstract
While the plan's primary objective is to resolve disputes over modest sums of money in a fair and cost-effective way -relative to the stakes involved -- it has other goals as well. These goals include providing a mechanism for prompt, simplified processing of such claims; encouraging the parties to come to reasonable settlements by using procedures that facilitate compromise; and expediting trials in cases that cannot be settled. Finally, the system tries to promote substantive justice by providing that the party who prevails against an unreasonable adversary be awarded attorneys' fees, thereby preventing dilution of the victory. DOJ has not yet considered this proposal but if approved, it could be cast in the form of a model statute or a set of rules which interested State authorities can adopt on a trial basis. Generally, the system would apply to actions for only damages from $1,000 to $25,000 or $50,000. A three-phase litigation plan is delineated. A total of six footnotes are provided.