I have an article coming out in the Journal of Dispute Resolution arguing
against judicial settlement - conferencing in child custody and access cases.
Not exact matches
[127] Professor Piché in her text Fairness in Class Action
Settlements, supra at pp. 179 - 80 summarizes the various factors for the
settlement approval test into seven factors; i.e.: (1)
judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed
against amount and form of
settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed
settlement to absent class members.
He considers it from the perspective of the public, the bar and the bench, provides a brief history of
judicial involvement in
settlement discussions, adumbrates the arguments for and
against judicial mediation, and asks whether it is a reality or a fantasy.
This involved preventing infringement acts of trademark and patent at Canton Fair and other big exhibitions as well as reaching
settlement agreements with more than 20 infringers and also administrative and
judicial actions for rights protection
against infringers who continued infringement.