Novel 'Early Assessment Program' cuts costs; as implemented in the Western District of Missouri, EAP encourages parties to settle before engaging in long, costly discovery

Article Abstract:

The Civil Justice Reform Act of 1990, enacted to showcase alternative dispute resolution, chose five demonstration districts for this purpose. The Western District of Missouri was one and study in the district concluded that most expenses were incurred during discovery rather than at trial. This analysis gave rise to the Early Assessment Program, which tries to resolve cases 30 days after an answer to a pleading has been filed. Such programs do not impair the right to a jury trial as studies show that only 6% of cases filed reach the trial stage.

United States, Innovations, Pre-trial procedure, Pretrial procedure, United States. District Court. Missouri (Western District)

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Labor Dept. leads way on ADR

Article Abstract:

The US Labor Department during 1992 conducted a pilot project to study the efficacy of alternative dispute resolution (ADR) in departmental enforcement. The project involved six southeastern states and used in-house mediators as managers. Some 25 of the 29 cases referred were successfully resolved and the Department concluded that ADR was a good tool in an era when the government has more will than wallet.

Methods, Negotiation, mediation and arbitration, Commercial arbitration, United States. Department of Labor

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Companies are seeking litigation alternatives; they say ADR can be effective in intellectual property disputes

Article Abstract:

Alternative dispute resolution (ADR) can be effective in intellectual property disputes. ADR's main advantage is the chance to choose the procedure best suited to the dispute, and parties to the dispute should put time and thought into this process. Factors to consider when choosing a mode of dispute resolution are listed and mediation, arbitration and quasi-judicial proceedings are briefly described.

Cases, Intellectual property

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