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Guide to Judicial Management of Cases in ADR

NCJ Number
194844
Author(s)
Robert J. Niemic; Donna Stienstra; Randall E. Ravitz
Date Published
2001
Length
204 pages
Annotation
This document offers guidance to Federal trial and bankruptcy courts on when and how to refer cases to Alternative Dispute Resolution (ADR) and how to manage cases referred to ADR.
Abstract
The guide attempts to present a balanced discussion of the how and when ADR should be used. In a few instances, the guide identifies a preferred practice that falls within well-accepted judicial norms or that clearly appears preferred in light of developments in the ADR field. To facilitate use of the guide as a reference work, it contains a comprehensive table of contents at the beginning of the book and a detailed outline at the beginning of each section. The guide reflects research through late 2000. It examines ADR in the Federal Courts; selecting cases appropriate for ADR; matching the ADR process to the case; deciding on party consent, client attendance, and degree of party participation; requiring client attendance at ADR sessions; selecting and compensating the neutral third party; confidentiality of ADR communications; elements of the referral order; and managing cases in the ADR process. Notes, appendixes, table of cases, index