A new, speedy and cost effective (if not altogether intellectually rigorous) form of ADR appears to be taking hold in the US .
In the case of Avista Management, Inc. v Wausau Underwriters Insurance Company, the parties were unable to resolve the burning issue of where to hold a deposition (pre-trial questioning of a witness under oath). The judge, the Honorable Gregory A. Presnell of the District Court in Orlando refused to designate a venue for the deposition but instead came up with the following Order for resolving the issue:
“That at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave. , Tampa , Florida 33602 . Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness.
At that time and location, counsel shall engage in one (1) game of “rock, paper, scissors.” The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006.”
Watch this space for a Sheriff Court Rules Council’s consultation paper on “Coin Flipping – Tails the Defender”!
Contact
Alan Eadie
(Information posted in September 2006 and may not have been updated at time of reading).