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NCJRS Abstract

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NCJ Number: 92933 Add to Shopping cart Find in a Library
Title: Evaluation of Court Annexed Arbitration in Three Federal District Courts
Author(s): E A Lind; J E Shapard
Corporate Author: Federal Judicial Ctr
United States of America
Date Published: 1983
Page Count: 150
Sponsoring Agency: Federal Judicial Ctr
Washington, DC 20002
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: Federal Judicial Ctr
Thurgood Marshall Federal Judiciary Building
One Columbus Circle, NE
Washington, DC 20002
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: The study found promise for court-annexed arbitration to expedite litigation for many cases. It remains uncertain whether the rules will result in decrease in the incidence of trials.
Abstract: This summary of the Federal Justice Center's experimental rules for nonbinding arbitration offers general descriptions of the rules, the evaluation, the results, and the conclusions. The rules provide for mandatory arbitration of certain classes of civil actions. They set a time limit during which arbitration must occur. The arbitrators' judgment serves as the judgment of the court unless it is rejected by one or both parties within a certain period. The study reviews questionnaires and data from three districts that participated. Arbitration settled about 40 percent of the cases; rejection of the award and subsequent trial occurred in the other 60 percent. In this scenario, court-annexed arbitration can serve as an effective deadline for case preparation and also serve as a stimulus for settlement. The reduction in time and the savings in expense to the parties depend on proper administration of the program. Adherence to time limits is crucial, and corrective action must be taken when faced with delays. Evidence indicates satisfaction on the parts of most litigants and their counsel. Court-annexed arbitration substantially reduces the proportion of cases that ultimately go to trial. This study demonstrates that court-annexed arbitration has been a dramatic success in some places and has produced significant results in others. This procedure deserves wider usage because it is so efficient and effective. Tables, figures, and notes accompany the text. Appendixes include the text of the rules, the questionnaires used in evaluation, and an updated analysis.
Index Term(s): Alternative dispute settlement; Arbitration; Civil proceedings; Civil remedies; Federal courts; Locks; Mediation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=92933

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