scott e. mollen
sec:(212) 498-6573
office: (212) 592-1505
2 park ave 22nd fl 10016
smollen@herrick.com
grade: paper, arbitration exercises, and class participation. CP and attendance (plus coming to class on time) are very important.
*** class participation will be huge because mollen definitely does "rough justice" ***
in lieu of office hours, let profs secretary know. is happy to do tele conference, email, or prob face to face at his office.
final paper guidelines:
1. check the topic with prof.
2. must have an interview
3. if using for writing requirement, must be a 30 page paper.
topic proposal is due 9/21/10.
paper is due before 1st exam.
to get paper back, include a SASE.
obstacles and advantages to ADR:
- mediator can be more educated and expert in the field
- social/ psychological benefits
- alternative procedural rules, and less rigid rules
from the court system
- confidentiality
- clients may be more satisfied with the results
and more likely to follow the judgment
- don't have to deal with the instability of the jury
- save costs
- save time: client needs may be immediate, and
the issue may dissipate on the time line of the docket.
- ability to resolve dispute without destroying
the fundamental relationship between the parties
- avoid establishing precedent/ maintaining flexibility
- alternative, equitable remedies for addressing injuries
- less adversarial nature (can be win-win)
- "custom design" for judgments. in ADR, the parties own the process. you can't do that in the courts.
n.b. - you can't have binding mediation. you can have binding arbitration.
how long does litigation take? as long as it takes.
why does litigation take so long?
reasons:
- discovery and investigation. state and fed rules say that
you as the lawyer/ party may not plead until you've done
the research to make it well founded. this takes lots of time,
conducting interviews, reviewing and analyzing files and
correspondence and documents... then
- other party will need time to do the same once served. then
- once the other party has answered, the answer must be
analyzed and investigated.... then
- an answer to the opposition's motion must be prepared and sent
- the opposition will do a response to the motions you sent
- all this briefing can take at least months...
and there's still not even an answer yet.
- then, the workloads vary from court to court.
- and even once the motions are on the calendar, there's changes....
- once a motion is made and appears in court,
you then must wait up to 60 days (or more) for opinion
- so months are used and there's still no answer...
- when a decision finally comes, then the losing party may
re argue the motion.
n.b. -- don't ever assume that contradiction means that someone
is lying. in good faith, people have different incentives for
making their truth in memories. you never know what's
going to happen.
n.b. -- email/SMS discovery is a big issue and very costly....
