Commentary: Advantages Flow Both Ways When Attorneys Become Mediators

Summary


The right to a fair and expedient trial is one of the basic tenets on which our legal system is based. When it comes to the latter, however, the continuing backlog of cases under which our court system must continue to operate ensures the process is anything but expedient. Impediment is more like it.

The push by the trial courts to eliminate this backlog has continued to expand dramatically since 2000, when the Michigan Supreme Court adopted rules directing judges to use an alternative dispute resolution (ADR) process involving early, neutral evaluations of virtually all civil lawsuits before scheduling a trial. This approach, reflecting a national trend, is intended to give litigants a bigger role in resolving cases, develop a wider choice of outcomes, resolve cases more quickly, decrease litigation costs, and unclog court dockets.

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Extract


Commentary: Advantages Flow Both Ways When Attorneys Become Mediators

Indeed, the process and outcomes can be real eye-openers - in terms of the benefits and potential pitfalls - for attorneys and their clients.

Fitting Phrases

ADR is an umbrella term that encompasses the more formal procedures of arbitration and conciliation, as well as me...

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