A Profile of Settlement

Court Review, Vol. 42, No's. 3-4, Fall/Winter 2006

6 Pages Posted: 16 Jul 2009

See all articles by John Barkai

John Barkai

University of Hawaii at Manoa - William S. Richardson School of Law

Elizabeth Kent

Hawaii State Judiciary - The Center for Alternative Dispute Resolution

Pamela Martin

Hawaii State Judiciary - The Center for Alternative Dispute Resolution

Date Written: 2006

Abstract

This article was written for judges and court policy makers and describes research on data from over 3,000 Hawaii circuit court civil cases terminated in 1996 and information from more than 400 surveys from lawyers who represented parties in those cases to discover the pattern of non-trial dispositions, settlements, and trials in Hawaii courts. Information is presented about the docket, the types of cases, the pattern of filings, the number of trials, the types of pretrial dispositions other than settlement, the settlement patterns, the lawyers satisfaction with the settlements, the types of negotiations that took place, the use of alternative dispute resolution (ADR) methods, events impacting settlements, the frequency of judicial assistance with settlements through court-scheduled settlement conferences, the disposition time, the amount of pretrial discovery, and the demographics of the lawyers.

Keywords: Court settlements, civil cases, litigation, empirical data, non-trial dispositions, settlements, docket, law suits, litigation, filings, trials, pretrial dispositions, settlement patterns, lawyers, satisfaction, negotiation, law, types of negotiations, alternative dispute resolution, ADR, the frequ

Suggested Citation

Barkai, John and Kent, Elizabeth and Martin, Pamela, A Profile of Settlement (2006). Court Review, Vol. 42, No's. 3-4, Fall/Winter 2006, Available at SSRN: https://ssrn.com/abstract=1434793

John Barkai (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States
808-956-6546 (Phone)

HOME PAGE: http://www2.hawaii.edu/~barkai

Elizabeth Kent

Hawaii State Judiciary - The Center for Alternative Dispute Resolution ( email )

Aliiolani Hale
417 South King Street, Room 207
Honolulu, HI 96813
(808) 539-4ADR (4237) (Phone)
(808) 539-4416 (Fax)

Pamela Martin

Hawaii State Judiciary - The Center for Alternative Dispute Resolution ( email )

Aliiolani Hale
417 South King Street, Room 207
Honolulu, HI 96813
United States
(808) 539-4ADR (4237) (Phone)
(808) 539-4416 (Fax)