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Settlement

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Robert J. Niemic
January 1, 1997

This sourcebook is a reference guide on mediation and conference programs in the federal courts of appeals, programs that may offer a way for courts to deal with increasing filings.

Elizabeth C. Wiggins, Melissa J. Pecherski, George W. Cort
April 16, 1996

This report to the Judicial Conference Advisory Committee on Civil Rules summarized work underway at the Federal Judicial Center concerning protective orders, confidential settlement agreements, and other sealed court records.

Donna J. Stienstra, Elizabeth Plapinger
January 1, 1996

Based on a survey of the federal district courts and an analysis of their rules, this sourcebook describes in detail how each court's ADR and settlement procedures functioned at the time of the survey.

John E. Shapard
January 1, 1995

A report that uses trial attorneys' responses to a Center survey concerning 800 federal civil cases in assessing proposed amendments to Fed. R. Civ. P. 68 to make it more effective in encouraging settlement and reducing litigation.

Elizabeth C. Wiggins, Melissa J. Pecherski
October 14, 1994

Interim report to the Judicial Conference Advisory Committee on Civil Rules providing information that was used in evaluating the need for additional provisions in the rules relating to sealed court records and sealed settlement agreements.

Doris Marie Provine
January 1, 1986

A discussion of various techniques for settlement, such as judicial mediation, court-annexed arbitration, the use of special masters, summary jury trials, minitrials, and settlement conferences conducted by magistrate judges.

John E. Shapard
January 1, 1984

A theoretical economic analysis that compares the influence of five attorney fee rules on litigants' financial incentives: the American rule, the English rule, statutory provisions allowing recovery by prevailing plaintiffs, contingent fee arrangements, and an offer-of-judgment rule.

Alvin B. Rubin, Hubert Louis Will, Robert Reynold Merhige Jr.
January 1, 1977

An analysis of some judicial techniques that help maximize the possibility of freely negotiated settlements. Reprinted in 75 Federal Rules Decisions 203

Frederick B. Lacey
January 1, 1977

A discussion of the judge's role as mediator in negotiating settlement of cases before they go to trial.

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