NCJ Number
104968
Journal
Houston Lawyer Volume: 24 Issue: 2 Dated: (September-October 1986) Pages: 18-23
Date Published
1986
Length
5 pages
Annotation
Top managers and corporate counsels are increasingly using alternative dispute resolution (ADR) techniques to prevent and resolve corporate disputes and to manage their litigation costs.
Abstract
A particularly useful ADR tool is the ADR pledge. Signed by the chief executive and chief legal officers of over 100 major corporations, the pledge obligates the company to explore ADR techniques before bringing suit against another pledge signer. Negotiation is not a major ADR technique, but is involved to some degree in every other technique. Among the newer forms of ADR is the summary jury trial, in which lawyers prepare and present an abbreviated case to six jurors who render a nonbinding verdict. A similar technique, but not involving a jury, is the structured settlement conference in which lawyers present abbreviated cases to a panel of lawyers who evaluate the case, predict the outcome of jury trial, and suggest an appropriate settlement figure. The minitrial, frequently used in corporate disputes, is a structured, nonbinding settlement technique invoked voluntarily by the disputants. It may follow any form agreed upon by the parties, but usually involves the presentation of evidential summaries.