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Resolving Cases without Trial: Debating Declining Trial Rates and Emerging Class System

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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Resolving Cases without Trial: Debating Declining Trial Rates and Emerging Class System

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  1. RESOLUTION W/OUT TRIALOverview • Declining Trial Rates • A “good thing”? • The debate over negotiated settlements • An emerging “class system”?

  2. RESOLUTION W/OUT TRIALOverview • Alternatives to Trial • Formal Resolution • Default/Dismissal • Summary judgment

  3. RESOLUTION W/OUT TRIALOverview • Alternatives to Trial • Negotiation & Settlement • Bargaining in the Shadow of the Trial • “Alternative” Dispute Resolution • Arbitration • Mediation

  4. DEFAULTNotice & Defenses Peralta v. Heights Medical Center, p. 568 • Good result? • Why or why not?

  5. DEFAULT & DISMISSALTakeaways • Big themes • Default • Due process - notice • Voluntary dismissal • Party autonomy

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