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SOCIAL CONCILIATORY COMMISSIONS IN POLAND - A CASE STUDY OF NONAUTHORITATIVE AND CONCILIATORY DISPUTE RESOLUTION AS AN APPROACH TO ACCESS TO JUSTICE (FROM ACCESS TO JUSTICE, VOL 2, 1978 - SEE NCJ-61157)

NCJ Number
61161
Author(s)
J KURCZEWSKI; K FRIESKE
Date Published
1978
Length
275 pages
Annotation
THE SOCIAL CONCILIATORY COMMISSION (SCC) IN POLAND ARE EXAMINED TO EVALUATE THEIR POTENTIAL AS A MODEL FOR IMPROVING CITIZEN ACCESS TO MEANS OF RESOLVING PRIVATE DISPUTES.
Abstract
SCC'S WERE ESTABLISHED TO ACT THROUGH PERSUASION TO RESOLVE MINOR DISPUTES INDEPENDENTLY OF THE REGULAR COURT SYSTEM. THERE WERE 1,800 SCC'S IN 1965 AND 6161 IN 1973. CASELOADS GREW FROM 26,343 IN 1967 TO OVER 86,000 IN 1973. SCC FUNCTIONS PRESENTLY INCLUDE MEDIATION, ARBITRATION, AND MANDATORY CONCILIATION. THE PRESENT EVALUATION CONSIDERED TWO ASPECTS OF ACCESS TO JUSTICE: ACCESSBILITY AND THE NATURE OF THE JUSTICE PROVIDED. THE SCC'S GROWTH AND ACTIVITIES OVER THE PAST DECADE INDICATE THEIR SUCCESS IN PROVIDING AN OBJECTIVELY AND PSYCHOLOGICALLY ACCESSIBLE INSTITUTION, ESPECIALLY IN COMPARISON WITH OTHER POLISH INSTITUTIONS. THE PRESENT STUDY USED A NATIONAL PUBLIC OPINION SURVEY, AN OPINION SURVEY IN TWO SMALL TOWNS, AND INVESTIGATORS' OBSERVATION OF SCC PROCEEDINGS AND INTERVIEWS WITH SCC MEMBERS. THE PUBLIC TENDED TO VIEW SCC'S POSITIVELY AS AN ALTERNATIVE TO PRIVATE NEGOTIATION OR THE FORMAL JUSTICE SYSTEM. IN CONTRAST, PARTICIPANTS IN SCC SESSIONS HAD MORE NEGATIVE PERCEPTIONS, PROBABLY DUE TO THE PSYCHOLOGICALLY PAINFUL PROCESS INVOLVED, EVEN IF THE DISPUTE WAS SUCCESSFULLY RESOLVED. IT WAS CONCLUDED THAT THE SCC DOES MEET JUSTICE NEEDS AND IS THEREFORE A PROMISING INSTITUTION. ITS MOST IMPORTANT ROLE IS AS AN INSTITUTION FOR SELF-GOVERNMENT IN THE PROVISION OF JUSTICE; THIS ROLE SHOULD CONTINUE. FOOTNOTES, TABLES, FIGURES, QUESTIONNAIRES USED, CASE EXAMPLES, THEORETICAL DISCUSSIONS, ANALYTICAL METHODS AND RESULTS, AND A BIBLIOGRAPHY ARE INCLUDED. FOR RELATED STUDIES IN THIS AND OTHER VOLUMES, SEE NCJ 61157-61160 AND 61162-61184. (CFW)