This section 103 is titled ``Alternative Dispute Resolution Procedures.'' It establishes that in a jurisdiction where an alternative dispute resolution procedure is provided for, that either the claimants or the defendant may utilize such procedure. That is point one. Of course, that does not change anything or add anything to existing law. The second part of this provides how the procedure shall be utilized. Again, that adds nothing to the existing law. The third part of section 103 establishes that if the defendant refuses to go along with or to accept the plaintiff's request and certain other conditions are satisfied, then the defendant shall be found liable for attorney's fees and costs. That is, in effect, the British rule, the loser pays. But there is no such provision for plaintiffs. I thought this was merely an oversight. Obviously both parties to a litigation should be accorded the same rights under the rules of procedure. But it is not an oversight. I am told that certain Members of the body require this dichotomy in the rules in order to vote in favor of the bill. Madam President, if that is what it takes we should not be doing it. This is grossly unfair. It would be an absolute and total departure from everything that our legal system stands for.
Editor's note · Context
Discussing the implications of an amendment related to alternative dispute resolution procedures.
Share
More from Jon Kyl
One of our recommendations concerns ways that we could potentially mitigate the risk of a deterrence gap.
today, along with several other colleagues from the Senate, I wrote to the President on the subject of the possible extension of the New Strategic Arms Reduction Treaty, or New START. Several people have been encouraging the President to…
I thank the chairman of the Senate Armed Services Committee for engaging in this brief colloquy and for specifically calling for a hearing a couple of weeks ago at which the two cochairmen of the National Defense Strategy Commission…
One of the things that we noticed in this endeavor is there is a great attitude among the military, among the Defense Department generally in being able to succeed at a mission.





