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Mediation and Arbitration as Alternatives to Prosecution in Felony Arrest Cases - An Evaluation of the Brooklyn Dispute Resolution Center First Year

NCJ Number
72619
Date Published
Unknown
Length
122 pages
Annotation
This report evaluates the first year's operation of the Brooklyn, N.Y., Dispute Resolution Center, which offers mediation and arbitration services to complainants and defendants as a voluntary alternative to prosecution in Brooklyn Criminal Court.
Abstract
The center was established in July, 1977. Most of its cases arose from felony arrests, usually for assault or burglary. Eligibility for mediation was determined through screening by several parties, including staff of the Vera Institute of Justice, the arresting officer, the screening prosecutor, and the complainant. Staff and volunteer mediators handled the mediation. This evaluation compared an experimental sample of 259 mediated cases with a control group of 206 cases approved for mediation but not diverted. Results showed that most cases referred to mediation would have been dismissed if they had been prosecuted in court. Only 28 percent of the control cases resulted in misdemeanor guilty pleas or transfer for felony indictment. Mediation was accomplished in just over half the cases referred to the center; disputants who failed to appear did not resolve their disputes elsewhere. The mediation process produced more positive feelings among both complainants and defendants than did prosecution, but mediation did not appear to reduce the frequency of future conflicts among disputants. Nevertheless, only a small proportion of disputants in both groups had further problems with one another. Results also indicated that mediation saved criminal justice resources, although precise data were unavailable. Recommendations for further reducing costs and for identifying cases in which the probability of future hostile incidents is high are provided. Data tables, footnotes, a list of 24 references, and extensive appendixes describing the Vera Institute's Victim/Witness Project and providing details on study methodology are included.