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Alternative Dispute Resolution

Jan. 29, 2014

'Early legal assessment' program gives cases innovative push toward resolution

The idea is that early in the litigation process, attorneys present short briefs and arguments to a retired judge about "a pivotal legal issue" in their case. The neutral's analysis could foreshadow the ultimate winner and loser.


By Don J. DeBenedictis


Daily Journal Staff Writer


SANTA ANA - After 20 years as a neutral, Edward A. Panelli was puzzled when lawyers brought him a lawsuit that they didn't want him to mediate. Rather than asking him to resolve their product liability case or suggest a settlement value, the attorneys simply wanted the retired state Supreme Court justice to provide his opinion about how the statute of limitations applied.


The case was one o...

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