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American Law Review
     Established 1890  
TOP ISSUES

Knowledge Utility
in the 21st Century
By Phillip J. Bond
Under Secretary of Commerce for Technology

    WASHINGTON D.C. -- President Bush made education reform his number-one priority, with a deep understanding of the social and economic benefits such reform could bring to the Nation and to...More!

State-of-the-art Courtroom
At State University College of Law
By Eileen Brill Wagner

    CLOVIS -- In a press release today, Wagner Catherine O'Grady, director of clinical programs at the Arizona State University College of Law, is determined that the students she trains will be up on the latest technology trends in the... More!

Columbia Pacific University Closed
California AG Gets Fraud Injunction!
Students refunds in doubt
By Clint Hardy, Capitol Correspondent

     SACRAMENTO -- After a lengthy court battle, the Department of Consumer Affairs received authority to permanently shut down a school that has been operating illegally since June 1997.

Marin County Superior Court Judge Lynee Duryee entered a final judgement against Columbia Pacific University... More!

When You Get Friends & Relatives
To Invest in your e-Firm

And You Lose It All
What Never To Say!
Howard E. Hobbs, J.D., Ph.D.

   LOS ANGELES - When Alec Hudnut and his partner, Tom Geniesse, decided to start an Internet business they had marvelous dreams and a little financial backing and some well-heeled friends and relatives.
     Mr. Hudnet says he borrowed $500,000 from family and friends and set off to make the world wide web his own personal oyster.   
     His idea was to sell business schools on Internet training to schools. But, just as he was setting-up his bank account the economy went bust and the flow of venture capital from friends and relatives evaporated ...More!

The Economic Way Of Thinking:
More Houses Less Forest Dynamic
By Howard E. Hobbs, J.D., Ph.D.

Every action has a cost. That is, every action involves some opportunity cost, whether or not this cost is explicitly stated or even understood by those incurring it. Since our world is one of limited resources, it is also a world of tradeoffs...More!


The Mohave Boatowners V. NPS
ALR Staff Researchers

The National Park Serviceand Seven Resorts, Inc. appeal from the district court's grant of summary judgment in favor of the Lake Mohave Boat Owners Association ). The district court held that NPS violated the Freedom of Information Act (FOIA), 5 U.S.C. S 552, because NPS did not publish in the Federal Register its rate-setting guidelines for marinas that operate in national parks. The district court also found ...More!

  

                      Looking for recent 3L lecture course materials on Administrative Law,                           Natural Resources, Legislation & Property Law?...Click!  





September 21, 2001
Release Number: 64 Task Force Issues
Report On Appellate Mediation

    San FranciscoóMediated cases in the Courts of Appeal are less costly, significantly reduce resolution time, and lead to a high degree of user satisfaction, according to a new report by the Task Force on Appellate Mediation.
     The chair of the task force is Associate Justice Ignazio J. Ruvolo of the Court of Appeal, First Appellate District. Appointed by the Chief Justice in 1997, the task force recommended an experimental mediation program for civil appeals in the First Appellate District.
     Pursuant to the recommendations of the task force, the Judicial Council sponsored a two-year pilot program for mandatory mediation in the First District. The goals of the program were to address the interests of both litigants and the court by reducing costs, time to resolution, and the adversary culture of litigation, while increasing litigant satisfaction with the judicial process and dispositions without judicial intervention.
     The program was funded by the Legislature for the pilot period from July 1, 1999, through June 30, 200l. In its report on the two-year pilot program, the task force found that: Over 43 percent of the mediations resulted in full settlements.
     Counsel participating in the mediation program estimated net savings in excess of $6.2 million for their clients. The median time from the filing of the Notice of Appeal to resolution was 3.9 months for mediated appeals compared to 14 months for all appeals. Settlements were achieved through cooperative efforts of the parties with the assistance of court-appointed mediators.
     Over 80 percent of the parties and their counsel would use the mediation process and the mediator again. Trial courts also benefited, as a result of fewer reversals and global settlements, in which pending trial court proceedings were resolved along with the appeal.
     These results were attributable to the skills of 146 mediators who were recruited and trained by the court. They serve on a largely pro bono basis. Due to the success of the pilot program, the task force has made five recommendations: 1) The mediation program should be extended indefinitely in the First Appellate District. 2) Participation in the mediation program should continue to be mandatory. 3) Court-sponsored training should remain an integral part of any appellate mediation program. 4) The program should retain its pro bono feature. However, the number of pro bono hours demanded from mediators should be limited.
     After the limit has been reached, mediators should receive reasonable compensation from the parties. 5) Other appellate districts should have the option of developing or expanding their own alternative dispute resolution programs, with the financial assistance of the Administrative Office of the Courts, if necessary. Copies of the body of the report, Mandatory Mediation in the First Appellate District of the Court of Appeal: Report and Recommendations, can be found on the California Courts Web site at www.courtinfo.ca.gov/reference/documents/mediation.pdf. For more information, contact John Toker, the courtís mediation program administrator, at 415-865-7373.


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