Richard Marcus (University of California Hastings College of the Law) has posted Reassessing the Essential Role of Public Courts: The American Experience (TRANSFORMATION OF CIVIL JUSTICE: UNITY AND DIVERSITY 173 (Alan Uzelac & Cornelis Hendrik (Remco) van Rhee eds., Springer 2018)) on SSRN. Here is the abstract:
Over the years, the United States has introduced different alternative dispute resolution mechanisms, thus 'outsourcing' some of the court's tasks. The ADR movement was a reaction to costly and lengthy proceedings the United States was coping with. It is doubtful whether such 'outsourcing' indeed routinely saves time and money and contributes to the public goals of civil justice. This contribution describes the evolution of American civil procedure, thereby explaining the issues that the American civil justice system has faced over the years and mechanisms which have been identified and chosen to meet those challenges. This experience is a lesson to other countries pursuing the same goals.