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ALTERNATIVES TO FORMAL JUDICIAL PROCESS

NCJ Number
46660
Journal
NEW DIRECTIONS Volume: 2 Issue: 6 Dated: (NOVEMBER/DECEMBER 1977) Pages: 180-182
Author(s)
A WEISBROD
Date Published
1977
Length
4 pages
Annotation
THE PROGRAM OF THE INSTITUTE FOR MEDIATION AND CONFLICT RESOLUTION, INC. (IMCR) DISPUTE CENTER IN NEW YORK CITY IS DESCRIBED. THE CENTER OFFERS AN EFFICIENT AND EFFECTIVE ALTERNATIVE TO FORMAL JUDICIAL PROCESS.
Abstract
CASE OVERLOADS AND COURT BACKLOGS EMPHASIZED THE NEED FOR ALTERNATIVE DISPUTE RESOLUTION MECHANISMS AND LED TO THE ESTABLISHMENT OF THE CENTER, WHICH IS RUN IN CONJUNCTION WITH THE NEW YORK CITY POLICE DEPARTMENT, THE NEW YORK CITY COURTS, AND THE DISTRICT ATTORNEY'S OFFICES. THE CENTER'S PROGRAM IS BASED ON THE ASSUMPTION THAT EARLY, SKILLFUL, AND AUTHORITATIVE INTERVENTION IN MINOR INTERPERSONAL DISPUTES BETWEEN INDIVIDUALS WITH A CONTINUING RELATIONSHIP CAN FORESTALL POSSIBLY MORE SERIOUS LONG-TERM CONSEQUENCES. THE CENTER USES A COMBINED MEDIATION/ARBITRATION APPROACH. DISPUTANTS VOLUNTARILY AGREE TO MEET IN A SEMISTRUCTURED SETTING. THERE THEY CAN DISCUSS THEIR COMPLAINTS AND THE UNDERLYING CAUSES OF THE DISPUTE BEFORE A MEDIATOR WHO FACILITATES VERBAL EXCHANGE, GUIDES SOLUTION-SEEKING, AND AIDS THE PARTIES IN REACHING A MUTUALLY ACCEPTABLE SOLUTION. ALL AGREEMENTS, WHETHER ARBITRATED OR NEGOTIATED, ARE WRITTEN UP AS ARBITRATION AWARDS AND THUS ARE ENFORCEABLE IN CIVIL COURT. THERE ARE TWO SUCH CENTERS OPERATING IN NEW YORK CITY, ONE IN MANHATTAN AND ONE IN THE BRONX. ALTHOUGH THE CENTER INITIALLY HANDLED ONLY MINOR VIOLATIONS AND MISDEMEANORS, A FORMAL REFERRAL MECHANISM HAS BEEN ESTABLISHED FOR FELONY CRIMINAL COMPLAINTS, INCLUDING ASSAULT, BURGLARY, AND LARCENY, WHICH INVOLVE INDIVIDUALS KNOWN TO EACH OTHER. MEDIATORS ARE SPECIALLY TRAINED COMMUNITY RESIDENTS; THEY INCLUDE TEACHERS, SECRETARIES, RETIREES, STREET PEOPLE -- A CROSS-SECTION OF NEW YORK RESIDENTS. TRAINING INVOLVED OVER 50 HOURS OF CLASSROOM INSTRUCTION IN MEDIATION/ARBITRATION WITH ROLE-PLAY EXERCISES OF ACTUAL CASES. SINCE ITS INCEPTION, THE MANHATTAN CENTER HAS MEDIATED OVER 2,000 CASES. THE CENTER'S EXPERIENCE INDICATES THAT MEDIATION/ARBITRATION OF INTERPERSONAL DISPUTES WORKS EXTREMELY WELL AND ALSO AIDS IN RELIEVING CONGESTION IN THE CRIMINAL COURTS. (JAP)