By Erika S. Fine
ADR guide for Judges and attorneys.
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Extra info for ADR and the Courts. A Manual for Judges and Lawyers
Testimony Under Oath or Affirmation. All witnesses shall testify under oath or affirmation administered by the arbitrator (who is designated a Master for this purpose only) or by any duly qualified person. f. Conduct of Hearing. At the opening of the arbitration hearing, the arbitrator shall make a written record of the place, time, and date of the hearing, and the presence of the parties and counsel. The arbitrator and the parties shall review the written statements concerning issues, witnesses, and exhibits filed with the Private Adjudication Center pursuant to section (b) of this rule.
C. R e s e a r c h Techniques. The R e s e a r c h C o m m i t t e e shall be responsible for developing research tools and techniques in order to evaluate the operation of these rules. For the purpose of creating a control group for statistical comparisons, the clerk may exempt cases, on a random basis, from reference to arbitration. If litigant or counsel surveys are conducted, the Research Committee shall afford the information obtained such confidentiality as it shall deem appropriate. The Research Committee may compile statistical information based upon arbitration awards.
Purpose of Evaluation. These arbitration rules are experimental rules. In order to assess their impact upon the court, the bar, and litigants, it is essential that the rules be evaluated at a reasonably early time so that their performance can be compared with their stated purpose. b. Research Committee. The Chief Judge shall appoint at least three members of the bar and at least two representatives of the Private Adjudication Center to a Research Committee. The Chief Judge may appoint such other members as he deems advisable.
ADR and the Courts. A Manual for Judges and Lawyers by Erika S. Fine