Court Arbitration Authorization Act of 1993 Hearing Before the Subcommittee On

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Court Arbitration Authorization Act of 1993 Hearing Before the Subcommittee On
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Attorneys who practice here regularly plan for it and build it 62 into their litigation case management and often rely on being put into mandatory arbitration to speed up the settlement process. " Under all of these circumstances, being required to participate in court-annexed arbitration is not in any way "second class justice. " Indeed, one could genuinely make the case for the proposition that being afforded the opportunity to have the attention of an experienced litigating lawyer as the cou...rt designated arbitrator at a very modest cost is actually an advantage. In a number of districts, court ap- pointed arbitrators serve on a pro-bono basis, and in any event the modest fee is oft«n less than the usual rate for equivalent time devoted to other matters. The Fed- eral Judicial Center's Report makes the following observation: Regardless of specific procedures, Utigants who go through any alter- native process, even if they reject the result, have gained information — be it a determination on the merits, an appraisal of settlement value, or a cre- ative settlement package — that was not available under traditional proce- dures.

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