The German Advantage in Civil Procedure

@article{Langbein1985TheGA,
  title={The German Advantage in Civil Procedure},
  author={John H. Langbein},
  journal={University of Chicago Law Review},
  year={1985},
  volume={52},
  pages={823}
}
Our lawyer-dominated system of civil procedure has often been criticized both for its incentives to distort evidence and for the expense and complexity of its modes of discovery and trial." The shortcomings inhere in a system that leaves to partisans the work of gathering and producing the factual material upon which adjudication depends. We have comforted ourselves with the thought that a lawyerless system would be worse.' The excesses of American adver- 
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References

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ver ninety percent of the cases in most courts terminate through settlement or dismissal prior to trial
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Ironically, their description of the German judge--'. . . as insistent promoter of settlements'--now seems apt for the American judge as well
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Judith Resnik remarks on the informality of managerial judging, noticing that these conferences resemble "ordinary business meetings
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Rule 26(f) mandates the holding of a discovery conference upon proper motion by a party. In the complex case, however, the judge should not ordinarily wait for the filing of such a motion
    wave, and special issue-promotes efficiency, orderliness, and early completion of all permissible discovery