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

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Presentation transcript:

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

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

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

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

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