NCJ Number
100555
Journal
Journal of Law and Society Volume: 12 Issue: 1 Dated: (Spring 1985) Pages: 1-18
Date Published
1985
Length
18 pages
Annotation
This article discusses the reasons for and benefits and techniques of judicial intervention in civil cases to achieve pretrial settlements.
Abstract
Judges' increasing commitment to intervention in the interest of pretrial settlements apparently results from massive caseloads and resource shortages as well as the cost, time, and risks associated with trials. Reasons judges support this trend are resource savings, avoidance of appellate review, fewer enforcement problems, less dissatisfaction with the courts, and a sense of judicial involvement and achievement. Although there is no clear evidence that judicial intervention to effect settlements increases the number of cases processed in a year, such intervention does apparently lower case costs, reduce the adversarial climate of the case, provide greater flexibility in resolving the dispute, and produce greater satisfaction for the parties. Some techniques of judicial participation in efforts at pretrial settlement are (1) setting firm trial dates that put a deadline on settlement efforts, (2) scheduling pretrial conferences, (3) suggesting settlement terms, and (4) mediating between the parties. 72 references.