Alternate Dispute Resolution in Georgia
The Georgia Constitution of 1983 mandates that the judicial branch of government provide "speedy, efficient, and inexpensive resolution of disputes and prosecutions." Today it seems that more and more of society's burdens are left at the doorstep of the courts, and the responsibilities of the judicial branch become more onerous as the resources to meet these responsibilities become more limited. In 1991, the total caseload in the superior courts exceeded 300,000 cases, over 2000 cases per judge. Approximately 40% of these were domestic cases. From 1987 to 1991, total civil case filings in the superior courts increased 30%. Of these civil filings, domestic filings increased 40%. Total superior court criminal filings rose 35% of these criminal filings, felony filings rose 55%.
It is in the context of a looming crisis in our courts that the Georgia Supreme Court in September or 1990 established the Joint Commission on Alternate Dispute Resolution under the joint leadership of the Chief Justice of the Georgia Supreme Court and the President of the State Bar of Georgia. The Commission studied the feasibility of statewide availability of court-annexed or court-referred alternate dispute resolution (ADR) for approximately two years. From a review of the development of ADR nationwide and observation of pilot projects in the state, the Commission concluded that the availability of ADR processes would not only alleviate the heavy load of Georgia courts but would afford litigants many advantages as well. Although potential savings in time and money are of great importance to litigants, the most significant savings may be in human terms. This is particularly true in cases arising out of problems in the family.
The recommendations which the Commission presented to the Georgia Supreme Court in September 1992, formed the basis for Alternate Dispute Resolution Rules which the court promulgated in October. Appendix A to these rules is now a Uniform Superior Court Rule since the Council of Superior Court Judges gave its advice and consent to the rule in October.
The Joint Commission on Alternate Dispute Resolution, a study commission, completed its work in February 1993. The Georgia Commission on Dispute Resolution, a permanent commission created by the Supreme Court Alternate Dispute Resolution Rules, began its work of oversight of the development of ADR programs in Georgia courts February 25, 1993. The Georgia Office of Dispute Resolution, also created by the Supreme Court Alternate Dispute Resolution Rules, officially began its work on that day as well.
When on April 27, 1993, Governor Zell Miller signed into law legislation providing funding of ADR programs through a filing fee surcharge on civil litigation, the statewide plan envisioned by the Joint Commission became a reality. With the mechanism for at least minimal funding in place, Georgia courts may now implement programs which make ADR processes available to litigants throughout Georgia.
| 
