Alternative Dispute Resolution Programs: Hearing Before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, Second Session, May 20, 1992 |
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Common terms and phrases
Access to Justice adopted ADR procedures ADR programs agencies alternative dispute resolution American Bar Association arbitration programs attorneys caseload Chairman Chief Justice Civil Justice Reform civil justice system CJRA clearinghouse Committee on Dispute CONGRESS THE LIBRARY COSCA court administrators court system court-annexed arbitration criminal Crohn delay reduction plans Department of Justice Dispute Resolution Act dispute resolution programs district courts District of Columbia docket early neutral evaluation federal courts Federal Government Federal Judicial Center fees filed funding GERSON HUGHES implement Institute for Dispute involved Judge Schwarzer Judge Wagner Judicial Conference judiciary jurisdiction Justice Reform Act lawyers legislation LIBRARY OF CONGRESS litigation mandatory mediation program minitrials Multi-Door Courthouse National Center NIDR Northern District Ohio parties percent questions RAVEN resolve responsibility RESS settlement conference settlement judge settlement week summary jury trials tort traditional trial de novo voluntary Western District
Popular passages
Page 174 - The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people: and the internal order, improvement, and prosperity of the state.
Page 37 - States district court to study its caseload and design a civil justice expense and delay reduction plan (hereinafter, "plan"). The statute declares that the purposes of each plan are "to facilitate deliberate adjudication of civil cases on the merits, monitor discovery, improve litigation management and ensure just, speedy, and inexpensive resolutions of civil disputes.
Page 177 - It is essential that we achieve a proper jurisdictional balance between the federal and state court systems, assigning to each system those cases most appropriate in the light of the basic principles of federalism.
Page 60 - As Assistant Attorney General for the Civil Division of the Department of Justice, I welcome the opportunity to lend the Department's support to HR 3361, the "Public Participation in Federal Agency Proceedings Act of 1977.
Page 23 - ... authorization to refer appropriate cases to alternative dispute resolution programs that — "(A) have been designated for use in a district court; or "(B) the court may make available, including mediation, minitrial, and summary jury trial.
Page 160 - US 156, 160 (1981) ("It has long been settled that the Seventh Amendment right to trial by jury does not apply in actions against the Federal Government...
Page 160 - deep pocket." We are aware of no evidence indicating that the current system of trials to the court fails to fully compensate deserving plaintiffs. Our experience indicates that FTCA awards by the court are generous and reasonable. The right to a jury trial — preserved by the Seventh Amendment — is important. That right, however, has never extended to civil actions against the United States. Lehman v. Nakashian. 453 US 156, 160 (1981) ("It has long been settled that the Seventh Amendment right...
Page 86 - The Causes of Popular Dissatisfaction with the Administration of Justice before the American Bar Association in 1906, his was like a voice crying in the wilderness.
Page 71 - ... (D) issuing and revoking licenses or permits; (E) contract administration; (F) litigation brought by or against the agency; and (G) other agency actions. (b) Dispute Resolution Specialists. The head of each agency shall designate a senior official to be the dispute resolution specialist of the agency.
Page 16 - If a demand is filed, the case goes back into the regular docket for pretrial and trial by the judge assigned to the case. If a trial de novo is not demanded, the arbitration award becomes the judgment of the court.