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Legal conflicts avoid courtrooms as alternatives grow in popularity.


National Football League players, wanting new rules governing their free-agency status, take their case to court. As in most court cases, there is only one winner.

In a much publicized decision recently, the victors in this case were the players. The owners are furious and are appealing the decision and relationships between the two sides have deteriorated.

Ironically, Frank Rothman, the attorney for the NFL NFL
abbr.
National Football League

NFL (US) n abbr (= National Football League) → Fußball-Nationalliga
, is a member of the L.A. County Bar Association, which is expected to lead the state in adopting legislation promoting alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce  -- methods of resolving disputes outside the court system.

"ADR ADR - Astra Digital Radio  is one of the most significant trends facing lawyers today," said Lauren Burton, director of Dispute Resolution Services for the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County Bar. "The average lawyer really doesn't grasp how ADR will shape or form the practice of law."

There are probably many reasons the NFL case was not resolved through alternative means to litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
, such as mediation, arbitration or mini trials. First, both sides need to agree to taking their case outside the system.

The fact remains, however, that ADR has hit the mainstream with a growing momentum and attorneys and the public are having to refocus and rethink how they assist people in resolving disputes.

BankAmerica Corp. and Wells Fargo Wells Fargo

armored carriers of bullion. [Am. Hist.: Brewer Dictionary, 1147]

See : Protectiveness


Wells Fargo

company that handled express service to western states; often robbed. [Am. Hist.
 and Co. recently declared their commitment to solving disputes through ADR. Indeed, more and more clients are demanding that their lawyers prove why their cases should be litigated, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 local attorneys.

As a result, various efforts are being made to elevate ADR alternatives.

Richard Chernick, president of the L.A. County Bar Association, is directing meetings between the Trial Lawyers Association -- the principal opponents of ADR -- and others to reach a consensus on ADR for future legislation.

At the federal level, the Civil Justice Reform Act of 1990 requires all federal courts to take a look at ADR, but state mandates have been a mixed bag, said legal experts.

State bill AB 3011, which would have required all lawyers in California to advise clients of ADR alternatives, died in committee this summer. Chernick, therefore, is helping to form a compromise bill.

Another state bill, SB 1707, which would raise court filing fees from $3 to $8 to fund ADR services, was sent to Gov. Pete Wilson Aug. 25 and he has until the end of September to sign it into law.

In L.A., 11 different providers of ADR would be eligible to receive funds, said the county bar's Burton. These ADR outlets provide services on a sliding-scale fee and waive fees for low-income clients.

The L.A. County Bar has been providing ADR services since 1978. The service, which started out as the Neighborhood Justice Corp., is now an independent non-profit group called Dispute Resolution Services, which serves about 30,000 people a year, said Burton.

The ADR arm of the bar provides services in pre-filing disputes, attorney/client fee disputes and non-fee disputes; and it has a school mediation program in the Malibu and Santa Monica Unified School System, serving two middle schools and two elementary schools, said Burton. She said the bar plans to expand its peer mediation program to a middle school in the L.A. Unified School District A unified school district is a school district which includes both primary school (kindergarten through middle school or junior high) and high school (grades 9-12). In Illinois, these districts are called unit school districts.  in 1993.

The L.A. bar was successful in getting a resolution passed by the County Board of Supervisors The examples and perspective in this article or section may represent an unduly geographically limited view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
The Board of Supervisors is the body governing counties in the U.S.
 two years ago, declaring a Mediation Week in L.A. County. And the state declared its first Mediation Week in 1991, showing displays on alternatives to litigation.

Now the L.A. bar is creating a section called Dispute Resolution Services, for lawyers and non-lawyers involved with ADR. "We're forming a new section because we think the future is lawyers who do dispute resolution for the firm," said Jerry Greenberg, director of public affairs for the bar. "We're seeing more individual lawyers who complement their practice by being a mediator but we expect to see whole practice areas."

In October 1991, the New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 Center for Public Resources, a non-profit group that promotes ADR, initiated a law firm policy statement for attorneys to discuss ADR with clients. Since then, 1,600 large law firms signed the statement, including 36 law firms in L.A. They include all the big players: O'Melveny & Meyers, Gibson, Dunn & Crutcher, Latham & Watkins, Paul Hastings, Janofsky & Walker, Pillsbury, Madison & Sutro, Irell & Manella and Morrison & Foerster.

As a sign of the times A Sign of the Times was a 1966 single by Petula Clark. Written by Tony Hatch, the uptempo pop number juxtaposed Clark's driving vocals with a powerful brass section. She introduced the tune on the Ed Sullivan Show on February 27, 1966. , five lawyers formed their own firm in Century City a year and a half ago, specializing in mediation.

"More than 90 percent of cases that go into mediation settle," said Viggo Boserup, a partner with The Mediation Institute. "If lawyers don't use it (mediation) they're going to lose it."

The American Arbitration Association The American Arbitration Association (AAA) is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. , a non-profit group that administers arbitration proceedings with a membership of 3,000 arbitrators, has seen its caseload case·load  
n.
The number of cases handled in a given period, as by an attorney or by a clinic or social services agency.


caseload
Noun
 in L.A. jump from about 800 cases annually five years ago to 2,000 cases today, said a spokeswoman from the L.A. office.

"The wake-up call has come," said Boserup. "Lawyers have priced themselves out of the market."

Boserup charges $250 an hour but he said cases are usually settled in a matter of days.
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Title Annotation:Special Report: Law and Accounting; alternative dispute resolution
Author:Nodell, Bobbi
Publication:Los Angeles Business Journal
Date:Sep 21, 1992
Words:856
Previous Article:Lawyers get smarter as a state law requires continuation of education. (Special Report: Law and Accounting)
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