1. RESOLUTION W/OUT TRIAL Overview Declining Trial Rates A “good thing”? The debate over negotiated settlements An emerging “class system”?

2. RESOLUTION W/OUT TRIAL Overview Alternatives to Trial Formal Resolution Default/Dismissal Summary judgment

3. RESOLUTION W/OUT TRIAL Overview Alternatives to Trial Negotiation & Settlement Bargaining in the Shadow of the Trial “Alternative” Dispute Resolution Arbitration Mediation

4. DEFAULT Notice & Defenses Peralta v. Heights Medical Center, p. 568 Good result? Why or why not?

5. DEFAULT & DISMISSAL Takeaways Big themes Default Due process - notice Voluntary dismissal Party autonomy