How would we go about measuring efficiency and effectiveness of our hallowed civil justice system? First, we would establish markers for performance. The six markers I would use are:

1. Goal Setting – the ability of litigants and their counsel to articulate what they hope to get out of the litigation process.
2. Organization and Prioritization – the ability of counsel to organize information to give the fact finders the best understanding of the factual and legal issues in the case and what is most important.
3. Efficiency – the ability of the courts and counsel to communicate the most salient factual and legal issues while expending only those resources necessary to address those issues.
4. Role Definition – clearly defining the role of all participants in the litigation, including the fact finder, the witnesses, and the lawyers so that that each participant fulfills their role and only their role.
5. Communication and Education – ensure that the information communicated during the course of litigation is of such clarity that the fact finder or litigation participant fully comprehends the factual and/or issues and the ramifications of their decisions.
6. Cost – the expense associated with the litigation and its proportionality to remedies sought by the litigants.

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