Los Angeles and the Great London Fire Court

On Sept. 2, 1666, the Great Fire of London began, devastating the city and destroying nearly all of its valuable properties.

The wealth in the destroyed property was all in complicated leases, subleases, and liens. It was recognized that no construction could begin, and London could not be rebuilt until the legal issues were decided.

Rather than leave the resolution of the legal issues to normal processes with their extensive delays, Parliament created the Great London Fire Court. The Court was essentially a court of mediation with power granted to the Court to impose whatever result it deemed just. Everything was resolved in record time. London was rebuilt, and for that, history gives the Fire Court credit. (You can learn about the Great London Fire Court via a Daily Journal podcast I hosted on Nov. 6, 2020. "The Great London Fire Court: Relevant 17th-century procedures for COVID disputes?" The podcast discusses with University of Notre Dame Professor Jay Tidmarsh the historic model for resolving massive financial disputes.)

Los Angeles faces the same challenge as London: the need to rebuild swiftly, ensuring the city thrives--particularly before 2028--so it can showcase to the world during the Olympic games that we are not defined by a fire disaster. However, settling thousands of claims so communities can be rebuilt is far more complex and difficult than resolving claims individually.

London realized the normal processes would be interminable and prevent rapid rebuilding. So will Los Angeles. We can predict what will happen. Innumerable lawsuits, including class actions, will be filed. It will take months to simply coordinate and centralize them into specific courts. There will be federal as well as state actions. There will be claims and actions against government entities, insurance companies, etc. Some of the government entities being sued will also be responsible for regulating the speed at which the rebuilding process can occur. As time passes, the probable failure of the legal system to resolve issues preventing rebuilding would end up defining Los Angeles and would impose as much harm as the fire itself. 

Seventeenth-century London found a solution. Can we?

London created, though it did not use the words, an Alternative Dispute Resolution procedure. The closest modern procedure is what we call Arb-Med-Arb. A procedure is begun to give the presider the power to impose a decision. The parties attempt to settle by mediation. If that fails, the presider (arbitrator) decides. The mediator can be either the arbitrator or another mediator.

This is not just a theory. There are in Los Angeles hundreds of experienced mediators and arbitrators and ADR provider organizations who working together could develop procedures that would resolve all issues expeditiously.

But to have this even seriously considered there is an important caveat. Those ADR professionals and organizations should agree to do it all pro bono, as I would. Many of us are finishing long careers that have benefited immeasurably from the opportunities Los Angeles has provided. It is time for us to support Los Angeles, often described as a city of dreams, as it has been the city of our dreams.

All those interested can reach me at my personal email: millerhbx@gmail.com