Toward a Functional Approach for Managing Complex Litigation

Abstract

I. INTRODUCTION The managerial horse is out of the judicial barn. Federal Judicial Center' and National Judicial College 2 programs, the Federal Rules of Civil Procedure, 3 and the Manual for Complex Litigation

Designing systems for resolving disputes in organizations.

“…Information about how these similar claims have been resolved helps lawyers for both sides determine the range within which their claim is likely to be resolved. This information reduces uncertainty about the likely outcome of the case and provides an independent standard for settlement negotiations (McGovern, 1986).…”

Negotiatory Alchemy: The Court Special Master as Scientist and Mediator

“…The role of special master can be an intoxicating experience because judges and their special master surrogates can wield tremendous power and authority. Interestingly, McGovern (1986) notes that "a trait which often accompanies natural mediation ability is a desire for power. Therefore, precisely those persons who can be the most effective mediators may be most tempted to exercise power over the litigants" (p. 492).…”

Randomized Trial of Reduced-Nicotine Standards for Cigarettes

“…Such litigation campaigns follow a fa miliar course toward preventing particular risks: after a period of innovation and experimentation, a few successful lawsuits provide a model and incentive for other lawyers and plaintiffs; the threat of a mounting tide of litigation (and occasionally an actual tide) leads to a flow of compensation, modifications in the use or design of the product, and occasionally bankruptcy of the defendant; and eventually the litigation abates as product modifications break the link to risk (McGovern 1986;Galanter 1990;Sanders 1992;Hensler and Peterson 1993;Durkin and Felstiner 1994;Schmit 1994).…”