The Unintended Consequence of Settlement Fever and the Rule of Law

New York Dispute Resolution Lawyer, Vol. 15. No. 1

St. John's Legal Studies Research Paper No. 22-0002

4 Pages Posted: 16 Mar 2022

Date Written: 2022

Abstract


Welcome to the final column of a three-part series about how settlement fever has influenced our justice system as it evolves into settlement-centric culture.2 This column will focus on how the rule of law, once touted as the primary benchmark of justice, has now taken a secondary role to private ordering when shaping some negotiated and mediated settlements.

This settlement-centric justice focus has not occurred in a justice vacuum. Rather, three factors have influenced this change. First, courts have been increasingly overwhelmed with swelling case dockets and shrinking court budgets, making them more receptive to processes that efficiently
resolve cases and spare judicial resources. Second, litigants themselves have been demanding efficient and affordable paths to achieving justice. Third, our broader society in which our legal system is embedded reflects a culture where efficiency has become a priority. How have these changes affected the role of the rule of law in our settlement- centric justice system?

Keywords: settlement, justice, negotiations, mediation, rule of law

Suggested Citation

Greenberg, Elayne E., The Unintended Consequence of Settlement Fever and the Rule of Law (2022). New York Dispute Resolution Lawyer, Vol. 15. No. 1, St. John's Legal Studies Research Paper No. 22-0002, Available at SSRN: https://ssrn.com/abstract=4059429

Elayne E. Greenberg (Contact Author)

St. John's University School of Law ( email )

8000 Utopia Parkway
Queens, NY 11439
United States

HOME PAGE: http://www.stjohns.edu/academics/graduate/law/academics/centers/careycenter

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