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‘Is Private Justice Fair?’

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Your editorial opposing alternative dispute resolution is off base historically and as policy.

Rather than being a recent phenomenon, the law which “allows” litigants to select a private judge to hear their case and have the judgment entered in court has been part of California law since 1872. Our law and the courts encourage litigants to resolve their disputes without trials and as quickly as possible. In the Superior Courts, cases having less than $50,000 at issue are assigned to arbitration.

Parties to lawsuits cannot be forced to hire a private judge to hear their case; they must agree voluntarily. How can it be claimed they do anyone any harm by selecting that method to conclude their dispute?

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The best way to reduce the burden on the courts would be to reduce the number of criminal cases by repealing victimless crime laws. Yes, I mean re-legalize marijuana, cocaine and heroin and leave the gamblers and hookers alone. That’s not a perfect solution, but it would sure lighten the load on the judges and substantially reduce the delay in civil cases.

DAVID P. BERGLAND

Costa Mesa

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