DISPUTE RESOLUTION Collie Edgar Norman Interim Program Director Office of Dispute Resolution

EXAMINATION countdown

What are we going to talk about? WHY? WHAT? WHICH? WHEN? HOW?

WHY 750,000 cases < 5% < 1% Civil

What is Dispute Resolution?

Dispute Resolution Act § et seq. Any Court of Record Any Case Mediation Services Dispute Resolution Programs Ancillary Forms of Alternative Dispute Resolution

Dispute Resolution: Many Different Roads

FORMS OF DISPUTE RESOLUTION Mediation Settlement Conference Arbitration Med-arb Early Neutral Evaluation

FORMS OF DISPUTE RESOLUTION Fact Finding Mini-trial Special Master Summary Jury Trial Multi-door Courthouse

Mediation Intervention Dispute Negotiations Trained Neutral Third Party Assist Own Solutions

Settlement Conference Informal Assessment and Negotiation Session Legal professional Hears both sides May advise Law and Precedent May suggest settlement

Arbitration One or More Neutral Third Parties Decision Based on Evidence and Testimony

Med-Arb Mediation Settlement Failed Same Neutral Third Party Arbitrator

Early Neutral Evaluation Early Intervention Court Appointed Evaluator Narrow, Eliminate and Simplify Issues Assist in Case Planning and Management Settlement May Occur

Fact Finding Investigation Public or Private Body Examines Issues and Facts May or May Not Recommend Settlement Procedures

Mini-Trial Structured Settlement Process Principles Meet at Hearing Neutral Advisor Merits Presented Settlement Discussions

Special Master Court-Appointed Magistrate, Auditor or Examiner Court Order Defines Scope Regulate Proceedings and Hearings Do All Acts – Take All Measures Compliance with Court’s Order

Summary Jury Trial Summary Presentations Complex Case Jury May or May Not Be Binding

Multi-Door Courthouse Parties Select Any Combination Problem Solving Methods Effective Resolution

Case Screening: Which Cases to Refer to ADR Need SPEEDY Resolution Need LESS COSTLY Process Need PERSONALIZED OUTCOMES Neutral 3 rd PARTY INPUT helpful RELATIONSHIP is on-going Potential for INTEGRATIVE SOLUTIONS NON-LEGAL ISSUES Court Decision WILL NOT RESOLVE Issues Need to PREVENT FUTURE DISPUTES PARTIES WILLING to try non-traditional approach

Case Screening: Which Cases Not to Refer to ADR CAUTION - Maybe Not Need CONSISTENT outcomes Need full PUBLIC RECORD Significant GOVERNMENT POLICY Outcome affects PERSONS NOT AT PROCEEDING DOMESTIC VIOLENCE DO NOT SEND: Ø Need to set a PRECEDENT Ø DOMESTIC VIOLENCE and Party(ies) UNWILLING

Timing of referrals to ADR: Options Front end Early in the case, e.g. –Within 120 days of case at issue (civil) –At 30 days (dom rel) At case management conference –Referral by FCF –Order by judge or magistrate Back end E.g. 80 days before trial (civil)

Timing of referrals to ADR: Considerations Benefits of Early Referral: Increased possibility of resolution Earlier resolution More savings for parties and the court Parties may be less positional Benefits of Later Referral: More information available More time for parties to settle without 3 rd party intervention Parties may be more motivated Parties may be less emotional

WHY? Case Management Benefits  Faster resolution  More stipulations  Fewer motions  Fewer continuances  Less court trial/hearing time  Fewer post-judgment/post-decree filings  Higher compliance rates  More predictable dockets

WHY? Additional Benefits  High party satisfaction  Increased satisfaction with the justice system  High or higher quality resolutions  Preservation of relationships  More effective communication  Closure

CASE ASSESSMENT Refer to ADR? Why? Which? When? How?

DISPUTE RESOLUTION Collie Edgar Norman Interim Program Director Office of Dispute Resolution For More Information, visit