Foundations Chapter 17 PowerPoint: ADR, Pre-Trial, Readiness, and Calendaring

1
Alternative
Dispute
Resolution (ADR)



2

Pretrial Motions


Chapter 17 3


Adjudication
Without Trial

ADR, Pre-Trial, Readiness, and 4


Calendaring Notice of
Readiness for
Trial



5

Pretrial Orders
and Calendaring



6

Effective
Calendaring



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1
ADR Introduction
Section 1

2

Arbitration

Alternative Dispute Resolution 3


(ADR) Other Types of
ADR



4

Referral for ADR

















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1| Alternative Dispute Resolution (ADR):

ADR Introduction
















Brief history and


ever-changing nature


of ADR




Comparing ADR and


full trial procedures



ADR can occur


anywhere











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1| Alternative Dispute Resolution (ADR):

Arbitration




















Binding Arbitration



Rationale


Entering an award



Non-binding


arbitration
















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1| Alternative Dispute Resolution (ADR):

Other Types of ADR














Mediation



Negotiation



Early neutral



evaluation



Summary trials



Minitrials



Case Evaluation










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1| Alternative Dispute Resolution (ADR):

Referral for ADR




















Characteristics of



cases referable by


court



Referral order



Timing















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Section 2 1

Overview



2
Pretrial Motions Types of Motions



























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2| Pretrial Motions:

Overview













Considerations when


filing pretrial motions



Sanctions for



frivolous pleadings


and failure to


prosecute



Federal



State









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2| Pretrial Motions:

Types of Motions











Summary Judgment (full and partial)


Motion to Dismiss


Motion to Strike



Motions in Limine


Motion to Change Venue


Motion to Prevent Witness Testimony






















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1

Dismissal


Section 3 2

Focus on
Summary

Judgment
Adjudication without Trial

3

Provisional
Relief



















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3| Adjudication without Trial:

Dismissal




















Dismissal can be of a


single claim or an


entire case



Involuntary dismissal



Voluntary dismissal
















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3| Adjudication without Trial:

Focus on Summary Judgment










Case is “under the


mallet”



Two main steps



Step 1: can movant show

evidence to show that they


would prevail on non-

movant’s claim or defense?



Step 2: can non-movant

show enough evidence to


persuade reasonable jury in


their favor?




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3| Adjudication without Trial:

Provisional Relief


















Factors for Provisional



relief



Temporary Restraining



order (TRO)



Preliminary injunction
















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1
Section 4 Timing and

Contents



2
Notice of Readiness for Trial Right to a

Speedy Trial
























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4| Notice of Readiness for Trial:

Timing and Contents





















Timing



Content



State



Federal


















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4| Notice of Readiness for Trial:

Right to a Speedy Trial











Right to speedy trial


in criminal cases


(FL)



Conflict with notice



of readiness by


criminal defense


attorney



Right to speedy trial


prevails








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1

Differences
between Pretrial
and Final Orders
Section 5

2

Pretrial
Memorandum
Pretrial Orders and


3
Calendaring Pretrial

Conference




4
Pretrial Order














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5| Pretrial Orders and Calendaring:


Differences between Pretrial and Final


Orders













Logistics vs. on the merits



Plan for proceedings vs. how successful


they have been



More advantageous for paralegal’s role


vs. little advantage or effect for


paralegal

















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5| Pretrial Orders and Calendaring:

Pretrial Memorandum




















Timing (7 days


before trial)



Application



Civil case



Criminal case















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5| Pretrial Orders and Calendaring:

Pretrial Conference










Structure of a pretrial


conference




What parties usually


provide



Rulings made at the


conference



Scheduling order



Sanctions for failure


to comply







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5| Pretrial Orders and Calendaring:

Pretrial Order














F.R.C.P. 16



State level



(Florida Civil


Procedure Rule


1.200)



Failure to comply


with pretrial


orders









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1

Importance of
Careful
Calendaring



2

Main Calendaring
Duties

Section 6 3


Calendaring
Software

Effective Calendaring

4
Traditional and
Rules-Based
Software



5

Billing and
Matter
Management






© 2017 UEducate

6| Effective Calendaring:

Importance of Careful Calendaring


















Malpractice


ramifications



Mixing up dates


and clients



Double-check


your work














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6| Effective Calendaring:

Main Calendaring Duties















Collaboration with the


attorney



Tracking deadlines



Coordination with other



legal staff



Keeping track of


procedural violations











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6| Effective Calendaring:

Calendaring Software
















Conventional


software (Outlook,



Google Calendar)



Weakness in current


calendaring practices



Date calculation


services











© 2017 UEducate

6| Effective Calendaring:

Traditional and Rules-Based Calendaring
















Brief overview of


rules-based


calendaring



Benefits and


drawbacks compared


to traditional systems



Cost-benefit analysis












© 2017 UEducate

6| Effective Calendaring:

Billing and Matter Management
















“Lodestar” and


modern use in

judgments



Effectiveness of


e-billing


What to consider


when picking a


service










© 2017 UEducate

Key Takeaways:


• ADR has
become a
pervasive and
important
aspect of case
resolution


• Pretrial
motions can
dispose of
ADR, Pre-Trial, Readiness, and individual
issues or
Calendaring entire cases
without trial


• Provisional
relief is
Conclusion available

when property
is in danger


• Careful
calendaring is
one of the
most
important
aspects of a
paralegal’s
position


© 2017 UEducate