American College of Trial Lawyers Task Force Recommends Use of ADR

As reported in the April edition of the Resolution System Institute’s Court ADR Connection e-newsletter (a great e-newsletter devoted to information on Court ADR): 

A report recently released by the American College of Trial Lawyers Task Force on Discovery includes a recommendation that courts should “raise thepossibility” of pre-trial mediation and other ADR processes, and in some cases should order its use. The report, conducted in association with the Institute for the Advancement of the American Legal System, was based on a survey of ACTL members to identify perceived problems with the discovery process in the civil justice system. In that survey, 82% of respondents said court-related ADR was a “positive development,” and 72% said it led to settlements without trial. The majority of respondents also said ADR decreased their clients’ costs and led to a shorter time to disposition. These results led to the task force’s recommendation. However, the task force also noted that it hoped its other recommendations for decreasing the cost of discovery would help to increase the use of judicial trials, as opposed to ADR.

For the full report, click here.

Cross posted at Indisputably.

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Wisconsin Set to Pass Enhanced Employment Discrimination Law

WISCTV.com is reporting that the State of Wisconsin is close to passing a bill that would permit compensatory and punitive damages for violations of the Wisconsin’s state employment discrimination law:

A bill designed to stiffen penalties for employer discrimination passed the state Assembly on Wednesday, [April 29th].

The bill requires companies that discriminate against their workers to pay compensatory and punitive damages. This is a step above the current law, which lets the state order companies to rehire workers and pay back pay, along with attorney fees. This bill applies to employers who discriminate based on race, gender and other factors.

Democratic supporters say this bill punishes discrimination, while Republican critics say it will increase lawsuits and hurt businesses.The bill now goes to Gov. Jim Doyle for his signature as both the state Senate and Assembly have both approved it.

Actually, this amendment to the Wisconsin law is consistent with what happened to federal Title VII law after passage of the Civil Rights Act of 1991 (CRA of 1991). 

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You’ve Got @greement–Email Negotiation Advice

This past semester, my students participated in an email negotiation with students from Hastings and Boalt law schools which turned out to be quite interesting for them and for me reading their journals afterwards.  It is always lovely to write an article — it’s even nicer to see that what you write might actually be happening in reality as well!  In a chapter entitled You’ve Got Agreement: Negoti@ting via Email in the recently published book Rethinking Negotiation Teaching,  Noam Ebner and others (including me) review some of the advantages and disadvantages to email negotiation, many of which were experienced by my students.

The difference in the type of media meant that students really needed to engage in conscious “shmoozing” to build rapport.  We discovered that one Hastings student was actually a Marquette alum — building instant rapport — while other overly brusque email exchanges did not work as well.  Tone in email matters.  Students also appreciated the asynchronous part of email negotiations.  They could think, do some research, and then email back to their counterparts.  They also noted when they got in a good email rhythm with the other negotiator.  At the same time, email also made it easier to lose touch and for the negotiation to take longer than it would have otherwise.

We also saw some other effects from the email negotiation — diminished information exchange and diminished trust — that students needed to overcome.  But, having talked about this in advance, students knew that they would need to work at this.  All of which goes to the point that this was a very worthwhile exercise and practice. 

As the New York Times wrote about last month in a very good article, even real estate deals are being done over email. 

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