The Privatization of Business and Commercial Dispute Resolution: A Misguided Policy Decision
- Topics:
- Commercial Litigation
FREE Registration is required
Overview: This article points out that this "privatization process" is occurring at a number of levels and through a variety of mechanisms: First, and most obvious, businesses are voluntarily exiting the public court system and making increased use of private ADR to resolve their disputes. Yet, the evidence is mixed as to whether private ADR is, in fact, cheaper, faster, entails more just decisions than what juries can offer, etc. Second, "managerial judging" has arrived where, for example, our own courts are diverting important business and commercial disputes into some form ADR (often against the will of the parties) in order to clear dockets and conserve judicial resources for non-business cases. Relatedly, our own courts are making increased use of such tools as vacatur, selective publication and the related adoption of no-citation rules, depublication, filings under seal and confidential protective orders, thereby further diminishing the development of our common body of commercial law.
(Is this item miscategorized? Does it need more tags? Let us know.)
Format: HTML | Date: Jan 2003 | Pages: 1
People who downloaded this item also downloaded
 |
Supplier Relationship Management and Procurement: Driving Value Through Best Practices |
|
Investment, Valuation, And Growth Options |
 |
Motorola: A Tradition of Quality |
