New PDF release: Alternative Dispute Resolution in Civil Justice Systems

By Roger. E. Hartley

ISBN-10: 1593320167

ISBN-13: 9781593320164

ISBN-10: 1931202362

ISBN-13: 9781931202367

Hartley examines the creation of other dispute answer (e.g., mediation) in a courtroom process in Georgia. legal professionals supported the advent of mediation to consolidate keep an eye on of the felony strategy and so as to add it to their practices. in addition they used mediation to settle a few circumstances extra speedy. Mediation gave judges flexibility to weed out minor instances and strategy others extra fast. even if, those adjustments weren't so nice as to place a dent in payment or trial premiums, and Hartley concludes that whereas alterations in courtroom strategies have results, researchers have to research the habit of actors intensive as a way to notice those results.

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Extra resources for Alternative Dispute Resolution in Civil Justice Systems (American Legal Institutions)

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Of this work, the most comprehensive on civil justice actors and institutions is Kritzer's (1990, 1991) study of lawyers in ordinary litigation. Relying on data collected in the Civil Litigation Research Project, Kritzer (1990) looked at the characteristics and work of attorneys, and probed the outcomes of litigation. Here he argued that much of the work of attorneys is broker-like rather than professional. Attorneys, then, can be viewed as intermediaries who, for a fee, aid in transferring money, property, or other arrangements between parties.

Profit maximization of civil lawyers, see Kritzer and Pickerill, 1996). Axelrod (1984) suggests that individuals or groups may come to "mutual benefits" through the pursuit of selfinterested outcomes. An example of this in the civil system might be case settlement negotiations between civil attorneys (see Kritzer, 1990, 1991). None of these conceptions, however, provides a sufficient framework for the study of civil justice systems. In a sense, all of the conceptions have merit and tell us something about how trial courts work.

It may be that the less formally organized nature of civil justice systems merits attention to alternative explanations of the function of these courts. A "macro" focus, including the motivations of other civil actors (beyond lawyers) and the context of justice, then, highlights important differences between the administration of civil and criminal law (Flemming, 1992). The works noted here also suggest that institutional changes affect the behavior and outcomes of trial courts and their actors.

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Alternative Dispute Resolution in Civil Justice Systems (American Legal Institutions) by Roger. E. Hartley

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