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Ninth Circuit Mediation

Ross, C. Lewis. Montana Lawyer, Vol. 25, Dec. 1999

This article discusses alternative dispute resolution (ADR) and mediation specifically at the federal appellate level, focusing on the 9th Circuit Court of Appeals. The author briefly outlines the history of ADR in the federal court system and states that ADR programs began to be implemented in appellate courts in the 1980s. Current procedures in these courts are guided by Federal Rule of Appellate Procedure 33, and in the 9th Circuit specifically by the 9th Circuit Rule 33-1. The author addresses case selection, assessment conferences, appropriate processes and client satisfaction. The 9th Circuit's program is flexible in determining the appropriate ADR process to use, and cases mediated within the 9th Circuit have a 70 to 80 percent settlement rate.

Publisher or Resource Origin

State Bar of Montana
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