Reassessing the Essential Role of Public Courts: The American Experience

UC Hastings Research Paper No. 302

TRANSFORMATION OF CIVIL JUSTICE: UNITY AND DIVERSITY 173 (Alan Uzelac & Cornelis Hendrik (Remco) van Rhee eds., Springer 2018)

50 Pages Posted: 4 Oct 2018

See all articles by Richard Marcus

Richard Marcus

University of California Hastings College of the Law

Date Written: October 3, 2018

Abstract

Over the years, the United States has introduced different alternative dispute resolution mechanisms, thus 'outsourcing' some of the court's tasks. The ADR movement was a reaction to costly and lengthy proceedings the United States was coping with. It is doubtful whether such 'outsourcing' indeed routinely saves time and money and contributes to the public goals of civil justice. This contribution describes the evolution of American civil procedure, thereby explaining the issues that the American civil justice system has faced over the years and mechanisms which have been identified and chosen to meet those challenges. This experience is a lesson to other countries pursuing the same goals.

Suggested Citation

Marcus, Richard, Reassessing the Essential Role of Public Courts: The American Experience (October 3, 2018). UC Hastings Research Paper No. 302. Available at SSRN: https://ssrn.com/abstract=3260216

Richard Marcus (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-565-4829 (Phone)
415-565-4865 (Fax)

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