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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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Providing Cheaper Paths to Court

Providing Cheaper Paths to Court

(p.185) 9 Providing Cheaper Paths to Court
Civil Justice Reconsidered

Steven P. Croley

NYU Press

This chapter focuses on reforms that seek to make litigation more accessible by lowering its "price." After explaining the promises and limits of familiar alternatives to traditional litigation, such as alternative dispute resolution and health courts, the chapter proposes the establishment of new forms of civil proceeding. In particular, it proposes a new "medium claims court" that has some, but fewer, of the features of traditional litigation. A medium claims court should be designed for cases in which the stakes are too great for small claims court but too small for ordinary litigation. In this same vein, this chapter also proposes adoption of expedited jury trials and experimentation with small claims juries. More generally, it argues that parties should be incentivized, and judges should affirmatively be encouraged, to adopt tailored litigation processes according to the needs and stakes of all civil cases, in order to ensure that civil procedure better aligns litigation costs to the size of a given case.

Keywords:   alternative dispute resolution, health courts, small claims court, medium claims court, juries, litigation costs, expedited jury trials, civil procedure, tailored litigation processes

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