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Restructuring the Litigation Process The U. S. District Curt Central District f California plans t introduce a post program that could result in as many as 2, 000 cases being removed frm the 21 federal judges in Ls Angeles. The Central District, which handles abut 15, 000 cases a year thought the 7 -county regin, is short six judges and consequently ver-run with litigation. The program, designed t me cases through mre quickly and limit judges workloads, would require certain types f cases t be automatically sent t a settlement fiber, typically an attorney instead f a judge. The motivation was t expand the use f settlement fficer's because it had been getting gd feedback.
T the extent that cases are assigned t settlement fficer's as posted t magistrate judges, that des free up judicial resources, and we d have a crisis in judicial resources. The caseload has increased 50 t 60 percent in the last five years. Local attrney's and bar associations had until Jan. 7 t submit their penis, which have nt yet been reviewed. Program rganizers are relatively confident the program will be approved by the curt and could be in place in as early as three t fur months. The post program will affect five judges, reducing caseloads by abut 400 a year. But if the program gets implemented district-wide, with a full complement f 27 judges, it could cut the number f cases by as many as 2, 160.
The Central District already requires parties t first attempt resolution through sme type f alternative dispute resolution, r ADR, before ging t trial. Parties may nw pt fr ne f fur frm's f ADR: A retired judge could act as a media r arbitrator; a trial judge r magistrate might be assigned t resolve the dispute; a judge unfamiliar with the case but wh has been selected t hear settlement presentations in specific specializations might be case; r a settlement fiber, typically an attorney frm a specialized area, could hear the case. Under the post program, cases where the amount in dispute is under $ 250, 000 would be shuttled directly t a settlement fiber. Mst affected by the program would be mtr vehicle and product liability personal injury suits, as well as medical malpractice. It als covers sme contact disputes and civil rights employment cases. In requiring settlement fficer's t assume the lad in dispute resolution, the curt has tapped the least used f the fur print nw available t litigants, a pint sme attributed t the desire t have a judge r magistrate verse the press.
Personal injury attrney's said that might present a problem in sme cases. Judges have a perspective in terms f their personal experience as t what juries d with cases, and that may have an impact n whether ne side r the ther will settle. In the cases where the client, n ne side r the ther, feels they want their day in curt, having a judge involved, whether retired r anther judge, has an added benefit. n addition, many self-insured business were may feel threatened by having a lawyer - wh free cme's frm the plaintiffs side f the industry - handle the dispute.
Private mediation has a much higher settlement rate than the mandatory mediation press, because if see elects t g through mediation, usually they have a vested interest in wanting that case t settle. Fifty percent settle through a curt-mandated system, and probably maybe 85 percent would settle through a private media. Still, program rganizers anticipate that introducing mre attrney's and litigants t the pain f a settlement fiber could encourage mre widespread use f the program. ADR is an increasingly popular avenue fr mst cases anyway, and the majority f federal districts have already implemented mandatory referrals by case type r judge request.
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Research essay sample on Dispute Resolution Personal Injury
