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Reducing Court Costs and Delay - A Symposium

NCJ Number
93005
Journal
University of Michigan Journal of Law Reform Volume: 16 Issue: 3 Dated: (Spring 1983) Pages: complete issue
Editor(s)
G A Smith
Date Published
1983
Length
186 pages
Annotation
The symposium focused on identifying proposals that hold significant promise for reducing litigation costs and delays. The proposals fell into two broad categories: those dealing with economical trial court procedures and those examining procedures designed to expedite appeals and encourage settlement.
Abstract
The Symposium stressed action: taking ideas and putting them into operation in actual court settings after determining what is feasible and under what circumstances each solution works best. The articles illustrate a broad range of ideas and approaches: the role of attorneys in trial court reform; the feasibility of increased reliance on oral argument in the appellate process; the use of arbitration and mediation procedures as mechanisms for providing early assessment or encouraging settlement; and the possibility of using subject matter organization as an alternative for appellate courts. Each of the articles seeks to analyze its respective proposal along several dimensions, examining the effect on time, cost, quality of the process, and acceptability to participating lawyers and judges. Each also addresses the process of implementing change, that is, translating the general idea behind the reform into operational procedures and then integrating those procedures into existing ones. Ultimately, this integration is as important as the soundness, relevance, and clarity of the proposed solution. Separate notes are supplied for each article.