But this survey didn't bear that out. I think the conclusion we made on the committee was that ADR is here to stay. The divergence of opinion between judges and lawyers dismays some observers, among them Judge Nettesheim. I don't say that to deny the others their rightful compensation. But I do know from talking to many judges that that state of affairs is increasingly frustrating and disappointing for judges.
Some judges even consider it degrading.
I think the disparity is a fact not many people are aware of. Local rules of civil procedure. Traditionally, judges favor having local rules of civil procedure so they can better control their courts, while lawyers see local rules as a trap for outsiders. That divergence of opinion showed up in the survey results. Judicial appointment versus election.