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PROJECT OVERVIEW AND DESCRIPTION OF PROPOSED GROUP MEETINGS 1 (November 28, 1986)

handle is hein.ali/alibwy0003 and id is 1 raw text is: 33uhc++ ~3crlloi
SCHOOL Or LW           Friday. 28 November 1986           POSTAL COO1.70o
American Law Institute
Study on Paths to a 'Better Way':
Litigation, Alternatives, and Accommodation
Project Overview and Description of Proposed Group Meetings
Overview of the Project and Work to Date
This American Law Institute study stems from a suggestion by
Chief Justice Warren Burger in his address to the 1985 annual
meeting of the Institute.    The Chief Justice's speech included
these remarks:
For some disputes, trials will always be the only
means, but for many claims, we simply do not need
trials by the adversary contest.    As we now practice
it, that system is too costly, too painful, too de-
structive, and too inefficient.
My submission is this: Has the time not come for
a careful, thoughtful, objective examination--a typical
American Law Institute study--of the whole litigation
process under the common law system[?]
We need that study to answer the question:      Is
there a better way?
One question could well be whether the traditional
lawsuit is the fairest and most efficient means of
dealing with personal and property damage cases ..
Responding to the Chief Justice's call, the Council of the
Institute considered and approved this study On Paths to a 'Bet-
ter Way':  Litigation, Alternatives, and Accommodation.    Prof.
Geoffrey Hazard, Director of the Institute, outlined its objec-
tives and possible product:

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