Sunday, December 2, 2007

Still Thinking About Court Sponsored ADR in Indiana

After writing up the last article on Indiana's court-sponsored Alternative Dispute Statute, I am reading Settle It Now Negotiation Blog and I see this article: WantYour Case Decided by a Really Cranky Arbitrator? Litigate Your Case in an Arizona Superior Court.

"Want an angry tax attorney serving as the arbitrator on your personal injury case? Then head on down to Arizona where the Ninth Circuit has just held that he can be forced by State law to serve as your neutral for $75 per day -- all without violating the U.S. Constitution."
I assume that Arizona lacks a state constitutional right possessed by Hoosiers. Article I, Section 21 contains the following: "[n]o person's particular services shall be demanded, without just compensation...." (I make this assumption because the fellow filed a federal case pursuing a case under his federal rights.) I make this point in the hope that Indiana's judges do not think they will be getting mediators on the cheap rather than just inexpensively.

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