Since 2017, the City Bar President’s Committee for the Efficient Resolution of Disputes has been meeting with participants in the dispute resolution process – including judges, court administrators, advocates and clients – who have consistently observed that the costs and delays of dispute resolution present important issues of access to justice and fair administration of justice. While the system for resolving disputes fosters the full discovery of facts to promote fair resolution, in too many cases the cost and duration of the litigation process competes powerfully with fairness in driving the terms of resolution. Litigation can be so expensive that unless the dispute involves a very significant principle or dollar amount or the dispute can be resolved on a dispositive motion, the cost of litigating to a decision is not affordable. For those who cannot afford to achieve a decision, access to justice may be effectively denied. Because courts are burdened by so many cases, the sheer volume of disputes often determines how judges can manage their cases. The President’s Committee seeks to promote efficiency in litigation proceedings whether resolution is achieved through a negotiated or mediated settlement, through conventional litigation to a decision, or through arbitration or any other ADR method.
Since 2017, the City Bar President’s Committee for the Efficient Resolution of Disputes has been meeting with participants in the dispute resolution process – including judges, court administrators, advocates and clients – who have consistently observed that the costs and delays of dispute resolution present important issues of access to justice and fair administration of justice. While the system for resolving disputes fosters the full discovery of facts to promote fair resolution, in too many cases the cost and duration of the litigation process competes powerfully with fairness in driving the terms of resolution. Litigation can be so expensive that unless the dispute involves a very significant principle or dollar amount or the dispute can be resolved on a dispositive motion, the cost of litigating to a decision is not affordable. For those who cannot afford to achieve a decision, access to justice may be effectively denied. Because courts are burdened by so many cases, the sheer volume of disputes often determines how judges can manage their cases. The President’s Committee seeks to promote efficiency in litigation proceedings whether resolution is achieved through a negotiated or mediated settlement, through conventional litigation to a decision, or through arbitration or any other ADR method.
