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Alternative Dispute Resolution

Oct. 13, 2023

Modified FRCP Rule 26 proposal means quicker outcome, happy clients

Why has the use of this modified Rule 26 been so effective? It basically provides the parties with the same information that traditional discovery provides, but at only a fraction of the expense, energy and delays in time.

James P. Gray

ADR Services Inc.

Business and commercial contracts, real estate, construction, employment, PAGA, probate, legal malpractice

19000 MacArthur Blvd #550
Irvine , CA 92612

Phone: (949) 863-9800

Fax: (949) 863-9888

Email: jimpgray@sbcglobal.net

USC Law School

James is a retired judge of the Orange County Superior Court, a private mediator and arbitrator with ADR Services Inc., the author of "Wearing the Robe: the Art and Responsibilities of Judging in Today's Courts" (Square One Press, 2009), and the 2012 Libertarian candidate for vice president, along with Gov. Gary Johnson as the candidate for president.

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In my initial arbitration scheduling conferences I frequently suggest to all counsel that they first confer with their clients and then with each other about whether voluntarily to adopt part of Rule 26 of the Federal Rules of Civil Procedure, as I modify it. Almost always, when they have adopted this approach, counsel later tell me that both they and their clients were truly glad that they had agreed to employ it. But just so they don’t feel coerced to utilize that ...

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