Also known as:forum · forums · forum non conveniens · forum shopping
Written by attorneys · grounded in primary & secondary sources — see below
A principle in alternative dispute resolution that calls for selecting the dispute-resolution process best suited to the particular controversy.
Sources & Authorities· 27 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Class Action Forum Concentration
Francesca Fowler and hundreds of other consumers filed product claims against Flagship Logistics in federal court. The court weighed the benefits of handling all claims together in one district against the burdens of scattered individual suits. Because the facts and legal issues were largely identical, the court certified the class under the rule favoring concentration in a single forum.
Judge Family Advice Limits
Judge Floyd Franklin drafted a will for his sister without compensation. When a distant relative challenged the document in probate court, the judge declined to appear as counsel. The rule barred him from serving as the family member's lawyer in any forum, so he referred the matter to outside counsel.
Frostline Textiles shipped components to a distributor knowing some might reach State A. When a resident sued there after injury, the court refused jurisdiction. Mere awareness that products could enter the forum was insufficient without additional purposeful contacts, so the case proceeded in the defendant's home state instead.
Child Custody Forum Declination
After Finn Fletcher moved with his child to State C, courts in States A and B declined jurisdiction. Each determined that State C was the more appropriate forum under the uniform act because the child now had significant connections there. The custody proceeding therefore continued in State C.
Custody Best Interest Forum
Frederick Ferguson sought custody modification after the child relocated to State D. No other state had jurisdiction under the uniform prerequisites, and evidence showed it was in the child's best interest for State D to decide the matter. The court therefore assumed jurisdiction.
Immovable Property Choice of Law
Frontier Capital disputed title to land located in State E. A court in State F applied the totality of State E's law, including its choice-of-law rules, to reach the same result a State E court would reach. This ensured the forum selected matched the property's situs.
Common questions
Frequently Asked
2
What does the phrase forum fits the fuss mean in ADR?+
It describes the goal of matching a dispute to the most suitable resolution process rather than forcing every matter into litigation.
Supporting sources
How does the multi-door courthouse concept relate to forum fits the fuss?+
The multi-door courthouse implements the principle by offering parties a menu of processes and directing each dispute to the door that best fits its characteristics.
Supporting sources
407 U.S. 1 (1972)Admirality Law
…Unterweser responded by invoking the forum clause of the towage contract, and moved to dismiss for lack of jurisdiction or on forum non conveniens grounds, or in the alternative to stay the action pending submission of the dispute to the “London Court of Justice.” Shortly thereafter, in February, before the District Court had ruled…