Prof. S. Jefferson
February 22, 2015
For the following P1DB2, the concept of “Litigation Explosion” will be addressed. It will begin with an explanation regarding its meaning along with a personal opinion as to its accuracy regarding both trial and appellate courts which will then be followed by examples of Alternative Dispute Resolutions or ADR’s and how they are helping the court systems. It will conclude with a few thoughts regarding how this litigation explosion along with the changes to how disputes are resolved, has affected court administrators?
The Litigation Explosion Era
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What exactly has this meant for the court system administrators? The rise in cases has caused a bottleneck effect for the courts and the administrators. According to the National Center for State Courts, court administrators have many responsibilities including case flow management, community access which provides access to the courtroom for: people with disabilities, forms and services for mom-English speaking people, information and forms for the average layperson, state of the art electronic access to court information. Etc., emergency management, financial responsibilities, human resources, and technology for assisting in court (Information technology and databases support calendaring and docketing systems, records management, electronic discovery, DNA evidence, etc.) and facilitating the exchange of information in a court. (M.U.S.E., 2013)
When the system gets bogged down with superficial law suits, the adjudicating administrators must still give each case full consideration, which in turn, causes the process to be slower, redundant, and less effective.
Because the court system had become so over extended, it became necessary to find an alternative form of adjudication to help the system and free up the courts. For this reason, the Alternative Disputes Resolution was formed. What exactly is ADR? ADR is a term used to describe several different methods of resolving legal disputes without going to court. They include arbitration, mediation, and additional kinds of ADR designed for specific cases and subject matters. For instance:
• Binding and Non-binding Arbitration - Arbitration is much like a trial, in that the parties...