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Author : James S. Kakalik
Publisher : RAND Corporation
Page : 0 pages
File Size : 40,5 Mb
Release : 1996
Category : Arbitration and award
ISBN : 0833024752
This study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental.
Author : James S. Kakalik,Institute for Civil Justice (U.S.)
Publisher : RAND Corporation
Page : 0 pages
File Size : 46,7 Mb
Release : 1996
Category : Law
ISBN : 0833024728
Culmination of five-year study of effects of Civil Justice Reform Act of 1990.
Author : James S. Kakalik,Terrence Dunworth,Laurel A. Hill,Daniel F. McCaffrey,Marian Oshiro
Publisher : RAND Corporation
Page : 0 pages
File Size : 47,6 Mb
Release : 1996
Category : Civil procedure
ISBN : 0833024744
This report describes the effects of the CJRA case management principles on time to disposition, costs, and participants' satisfaction and views of fairness.
Author : James S. Kakalik,Rand Corporation,Institute for Civil Justice (U.S.)
Publisher : Unknown
Page : 32 pages
File Size : 45,8 Mb
Release : 2000
Category : Court congestion and delay
ISBN : OCLC:48547735
The Judicial Conference and the Administrative Office of the U.S. Courts asked RAND's Institute for Civil Justice to evaluate the implementation of the Civil Justice Reform Act in ten pilot districts. The study found that (1) the CJRA pilot program as implemented, had little effect on time to disposition, litigation costs, and attorney satisfaction and views of the fairness of case management; (2) judges' actions matter: early judicial case management sharply reduced time to disposition but is associated with significantly increased costs to litigants, but shortened time to discovery cutoff is associated with significantly decreased attorney work hours; (3) if early case management and early setting of the trial schedule are combined with shortened discovery, the increase in costs associated with the former can be offset by the decrease associated with the latter. The study also notes that since adoption of the CJRA, the total number of cases pending more than three years has dropped by about 25 percent from its pre-CJRA level.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 49,6 Mb
Release : 2024-06-30
Category : Electronic
ISBN : OCLC:181133681
Author : United States. District Court (Washington : Eastern District)
Publisher : Unknown
Page : 464 pages
File Size : 45,9 Mb
Release : 1993
Category : Costs (Law)
ISBN : IND:30000070131721
Author : James S. Kakalik,Judicial Conference of the United States
Publisher : RAND Corporation
Page : 192 pages
File Size : 51,5 Mb
Release : 1998
Category : Court congestion and delay
ISBN : STANFORD:36105061793860
The Civil Justice Reform Act of 1990 (CJRA) required that each federal district court develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management and required an independent evaluation to assess their effects. After the main evaluation report was completed, the Advisory Committee on Civil Rules of the Judicial Conference of the United States asked RAND to conduct further analyses of the CJRA evaluation data to see if additional light could be shed on discovery management. _
Author : Wayne D. Brazil
Publisher : American Bar Association
Page : 0 pages
File Size : 50,7 Mb
Release : 2012
Category : Compromise (Law)
ISBN : 1614383146
This valuable guide is a tool to teach lawyers, litigants, and judges what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation (in the forms most commonly encountered by litigants and lawyers), and how clients, litigators, and neutrals have been assessed the value of ENE.
Author : James S. Kakalik,etc.,Institute for Civil Justice (U.S.),Terrence Dunworth,Judicial Conference of the United States,Laural A. Hill,Daniel F. McCaffrey,Nicholas M. Pace,Marian Oshiro,Mary E. Vaiana
Publisher : Rand Corporation
Page : 263 pages
File Size : 54,5 Mb
Release : 1996
Category : Political Science
ISBN : 0833024558
The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report traces the stages in the CJRA implementation: the recommendations of the advisory groups, the plans adopted by the districts, and the plans actually implemented. The study found that all pilot districts complied with the statutory language of the act. But the amount of change varied widely, and in some districts, planned changes were not fully implemented. However, implementing the pilot plans may have heightened the consciousness of judges and lawyers and brought about some important implicit shifts in their approach to case management. See also MR-800-ICJ, MR-802-ICJ, and MR-803-ICJ.
Author : David Rauma
Publisher : Unknown
Page : 364 pages
File Size : 50,7 Mb
Release : 1995
Category : Actions and defenses
ISBN : UCR:31210011092754
Author : James R. Maxeiner
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2011-08-29
Category : Law
ISBN : 9781139504898
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
Author : Great Britain. Ministry of Justice,Rupert M. Jackson
Publisher : The Stationery Office
Page : 388 pages
File Size : 50,6 Mb
Release : 2010
Category : Law
ISBN : 0117064033
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Author : James S. Kakalik,Rand Corporation,Institute for Civil Justice (U.S.)
Publisher : Unknown
Page : 6 pages
File Size : 45,7 Mb
Release : 1997
Category : Costs (Law)
ISBN : OCLC:37309374
Author : Carrie Menkel-Meadow
Publisher : Routledge
Page : 462 pages
File Size : 40,7 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 9781351943543
This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
Author : Joseph W. Doherty,Robert T. Reville,Laura Zakaras
Publisher : Oxford University Press
Page : 258 pages
File Size : 40,9 Mb
Release : 2012-04-24
Category : Law
ISBN : 9780199939589
The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This collection of essays by leading legal scholars is the first book to approach the issue in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform. With special attention to the emergence of modern mass litigation, the authors identify a number of benefits to increasing access to information, including decreased fraud, improved public understanding and confidence in the system, and lower transactions costs. The authors make policy recommendations--such as expanding access to existing databases and using technology to create new databases--that increase transparency while protecting the need for privacy.
