An Alternative Solution to the Problems of Libel Litigation
ENTERTAINMENT, PUBLISHING, AND THE ARTS HANDBOOK, John David Viera, Robert Thorne, eds., Clark Boardman Company, 1988
Posted: 20 Dec 2010
Date Written: 1988
The article begins with a discussion of an empirical study that found a disjunction between the underlying assumptions and goals of media libel law, on the one hand, and the real interests of the parties and what the system actually accomplishes, on the other. The article then discusses several responses that have been proposed to address the problems of the libel litigation system. These include the media’s prevention of suits with better handling of complaints, expanded use of the special verdict, declaratory judgments, and nonlitigation alternatives. An experimental, voluntary, alternative program is described, along with a case that illustrates the potential benefits of such an alternative process.
Keywords: libel, alternative dispute resolution, litigation
Suggested Citation: Suggested Citation