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Managing Negotiated Justice: Settlement Procedures in the Courts

NCJ Number
108051
Journal
Justice System Journal Volume: 12 Issue: 1 Dated: (Spring 1987) Pages: 91-112
Author(s)
D M Provine
Date Published
1987
Length
22 pages
Annotation
American trial judges are reassessing their tradition of passivity regarding settlement in civil litigation.
Abstract
In many courts, the pretrial process now includes steps designed to encourage litigants to reach agreement without trial. Whether more settlements actually do result from these procedures is unclear and deserves further investigation along lines suggested here. The efficiency of intervention is but one relevant consideration. We need also to consider what heightened judicial concern with settlement will mean for litigants and for the sense of legitimacy courts enjoy in our political system. (Publisher abstract)