Sheppard, Marisol, McCain, ADR, vulnerable families, social responsibility, social problems, homelessness


This Article addresses remarks of the Corporation Counsel of the City of New York, Michael Cardozo, regarding the use of ADR in legal disputes involving municipal government. It also highlights the special responsibilities of class counsel in the ADR context in class action litigation on behalf of vulnerable families and individuals. Specifically, the Article addresses ADR resolutions in Sheppard v. Phoenix, No. 91 Civ. 4148(RPP), 1998 WL 397846 (S.D.N.Y. July 16, 1998), Marisol v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1992), and McCain v. Dinkins, 84 N.Y.2d 216 (1994). The Article concludes with a discussion of ADR in the context of litigation on behalf of homeless New Yorkers. ADR can simultaneously prevent harm to vulnerable populations and keep parties out of court when the government falls out of compliance with legal rights and protections. ADR should not be used to wipe away fundamental legal rights protecting homeless families.



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