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Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences

Thursday, 2nd December 2011

&quot;Court efforts to facilitate settlement in civil cases, whether through judicial settlement conferences or court-connected mediation and other alternative dispute resolution (ADR) processes, have become commonplace. With the 1983 revisions to Rule 16 of the Federal Rules of Civil Procedure, &ldquo;settlement&rdquo; explicitly became an appropriate topic for discussion during judicial pretrial conferences.<span style="font: normal normal normal 7.9px/normal 'Times New Roman'">1 </span>By the late 1990s, all federal appellate courts, a majority of federal trial courts, and many state trial and appellate courts had mediation programs.2 <p style="font: normal normal normal 10.8px/normal 'Times New Roman'; margin: 0px">Several models of judicial settlement conferences and court-connected mediation are commonly used in general civil cases. The primary distinguishing feature among the two main models of judicial settlement conferences is the role that the judge who conducts the conference plays in other aspects of the case. In one model, the assigned trial judge conducts the settlement conference.3 In the other model, a judge other than the trial judge&quot;</p>

pdf file Wissler_Ohio_State.pdf
Click here to download

Source: Arizona State Universiry
Language: Englsih
Contact: Roselle L. Wissler

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