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The Litigation Process

Attachment 1, 2010 Charles M. Hewitt Master Teacher Competition Proposal



What you may think«



Debunking Courtroom Myths Do Matlock-style prosecutors force hysterical,

surprise confessions from guilty defendants?

Do opposing attorneys always hate each other?

Does making the other sides witness cry orbreak down on the stand make you a great lawyer?

How long does it take for a case to get to trial? How many cases even get to court?

Well then, what do lawyers do all the time?

So what does an actual trial look like?



You asked for a real trial«



How the real litigation

process works A ction or event occurs that allegedly causes harm

Injured party, known as Plaintiff, files a Complaint

Sheriff serves process (summons, complaint) onDefendant

Defendant answers Complaint or Moves to Dismiss forfaulty service, lack of jurisdiction, or failure to state aclaim upon which relief can be granted

Plaintiff files Reply

Defendant may Motion for Judgment on the Pleadings

Several months/years of Discovery

Summary judgment, settlement, or (least often) trial



Implications«

What about all those petty lawsuits that clearly have no merit, like that McDonalds

hot coffee case?



This is st ar ting to sound

ov erw helming«don¶t I hav e other options?



Alternative Dispute Resolution

Common Forms

Settlement A rbitration

Mediation



Why Choose ADR?

Less costly

May be more appropriate method of

resolution for certain types of cases May be required by clause in contract

Decision-makers have specializedexpertise

Potential for compromise: can be

win/win



Potential Disadvantages of ADR

Potential for sloppy or biaseddecisions

Secondclass justice?



The Typical Arbitration/Mediation

Neutral Party Introduction

Position StatementsDiscussion

A

greement/ A

ward



The Role of a Mediator



MOCK MEDIATION EXERCISE



Information for Mediators and Both Parties

Lydia Green began working at the largest and most prestigious corporation in Indianapolis seven months ago. Thecompany has over 500 employees, with additional offices inLos A ngeles, Boston, Washington, D.C., Chicago, and HongKong. Ms. Green is a secretary with 10 years prior experience.

A t the company, Ms. Green works directly for Martin Purple, ahigh-level corporate manager. Ms. Green has recentlythreatened to file a sex discrimination suit against thecompany, alleging sexual harassment by Mr. Purple. Mr.Purple denies that he harassed Ms. Green. The parties have

agreed to try mediation as a means of resolving their dispute.The mediation is scheduled for Friday, A ugust 6, 2010.

Lydia Green is representing herself. The company will berepresented at mediation by its CEO.



Please Submit:

Y our Mediation A greement

Money amount

A ny additional provisions/clauses

For Lydia and CEO:

Why are you satisfied with the agreement?How does it meet your needs?

For mediator: What methods/questions were most

effective in bringing the opposing partiestogether to reach an ultimate agreement?



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