Rand study of Civil Justice Reform Act sparks debate; the study's findings that court ADR did not significantly affect civil litigation costs or delays lead to differing interpretations
Article Abstract:
The Rand Institute for Civil Justice's report on the Civil Justice Reform Act of 1990 studied four mediation programs and two neutral evaluation programs engineered by six federal courts during the early 1990s. The courts developed these programs in response to the congressional mandate to experment with alternative dispute resolution (ADR) and case management under the new law. The most controversial finding in the report is the lack of ADR's impact on cost and delay control. Various factors could have skewed this data, such as the fact that Rand only looked at 10% of the ADR programs in existence. The report did produce much useful data and intangible benefits.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Too much litigation: true last year, true now
Article Abstract:
The excessive use of litigation in the US has an adverse impact on the country's global competitiveness, and the Bush administration is addressing this situation by recommending changes in the civil justice system. These are detailed in the Agenda for Civil Justice Reform in America. The recommendations' goals are encouraging timely settlement and establishing disincentives to litigation such as the 'loser pays' rule.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Courts uphold employment arbitration clauses
Article Abstract:
Courts are enforcing employment arbitration clauses in federal laws, such as the Americans with Disabilities Act or the Age Discrimination in Employment Act. Other laws resorted to are Title VII of the Civil Rights Act and its 1991 amendment. Employers may also resort to the Federal Arbitration Act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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