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Explore the declining trial rates and the debate around negotiated settlements as alternatives to trial, including formal resolutions and default/dismissal. Learn about alternative dispute resolution methods like arbitration and mediation.
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RESOLUTION W/OUT TRIALOverview • Declining Trial Rates • A “good thing”? • The debate over negotiated settlements • An emerging “class system”?
RESOLUTION W/OUT TRIALOverview • Alternatives to Trial • Formal Resolution • Default/Dismissal • Summary judgment
RESOLUTION W/OUT TRIALOverview • Alternatives to Trial • Negotiation & Settlement • Bargaining in the Shadow of the Trial • “Alternative” Dispute Resolution • Arbitration • Mediation
DEFAULTNotice & Defenses Peralta v. Heights Medical Center, p. 568 • Good result? • Why or why not?
DEFAULT & DISMISSALTakeaways • Big themes • Default • Due process - notice • Voluntary dismissal • Party autonomy