ADR and the Courts. A Manual for Judges and Lawyers by Erika S. Fine

By Erika S. Fine

ADR handbook for Judges and attorneys.

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In California, where the jurisdictional limit ranges from $15,000 to $25,000, and in Delaware, where the limit is $30,000, the rate of appeal has been running in the neighborhood of fifty percent. In the older Pennsylvania programs with jurisdictions varying between 14 15 1 4 . Hensler, Lipson & Rolph, supra note 1 , at 62-67. 1 5 . Lind & Shapard, supra note 5 . Semi-Binding Forums 37 $10,000 and $20,000, it ranges between fifteen percent and twenty-five percent of all cases heard. But the majority of appealed cases settle without trial.

In the case of multiple injuries to members of a single family, the plaintiffs may elect to treat the case as involving one claim, Semi-Binding Forums 67 with the payment of one fee and the rendering of one lump sum award to be accepted or rejected. If no such election is made, a separate fee must be paid for each plaintiff, and the mediation panel will then make separate awards for each claim, which may be individually accepted or rejected. 4. In the case of multiple parties, except in the case of derivative claims, each party shall pay the sum of one hundred and fifty dollars ($150) for each award.

No official record of the arbitration hearing will be made. Any party desiring the attendance of a reporter shall make the necessary arrangements with a reporting agency. The costs of the reporter's attendance fee, record, and all transcripts thereof, shall be prorated equally among all parties ordering copies, unless they shall otherwise agree, and shall be paid for by the responsible parties directly to the reporting agency. d. Subpoenas. Rule 45 of the Federal Rules of Civil Procedure shall apply to subpoenas for attendance of witnesses and the production of documentary evidence at an arbitration hearing under these rules.

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