Innovation by the Second Circuit: Creating a Mediation Pathway in the 1970s

By: Donald L. Swanson “The civil Appeals Management Plan (CAMP), now operating in the United States Court of Appeals for the Second Circuit, is an innovative set of reforms in the appellate process. . . . This is the first time the [mediation] procedure has been implemented systematically.” --1977 Report of the Federal Judicial Center,... Continue Reading →

The “Sporting Theory of Justice” and the Mediation Profession: Roscoe Pound

By: Donald L. Swanson The response of the [American Bar] Association to that 1976 re-examination of Pound’s criticism was immediate . . . One very important program was aimed at developing alternative methods for resolving disputes.             --Chief Justice Warren E. Burger, February 12, 1984. Roscoe Pound, a young man from Nebraska in 1906, became... Continue Reading →

How the Mediation Profession Began: from Chief Justice Warren E. Burger, 1984 (Part 1 of 2)

By: Donald L. Swanson In days-gone-by, civil lawsuits commonly end in a judgment after trial or an appeal. Today, civil lawsuits commonly end in a mediated settlement. On February 12, 1984, Chief Justice Warren E. Burger explains some early history for such change, to a meeting of the American Bar Association.  His speech begins like... Continue Reading →

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