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Alternatives Within the Civil Justice System - Report on Stock-Taking and Research Projects of the Federal Republic of Germany, Ministry of Justice

NCJ Number
89566
Author(s)
D Strempel
Date Published
1982
Length
22 pages
Annotation
Research and discussion in the Federal Republic of Germany regarding nonjudicial approaches to conflict resolution suggest that such alternatives are particularly expedient for certain types of disputes in social or economic areas and could relieve some congestion in the courts.
Abstract
The court's ability to resolve conflicts is limited somewhat by its reliance on legal factors and past actions, as opposed to ongoing relationships and opportunities for future compromise. Moreover, the decreasing viability of traditional institutions such as the family and church has forced the courts to adjudicate disputes previously outside their authority and competence. Legislative and administrative acts in the modern social welfare state also push courts into additional areas of conflict. While the courts must be accessible, evidence indicates that some of the current overload is due to misuse. Another serious problem is the court's lack of attention to the emotional sphere, which can alienate parties from the legal process. Many countries are experimenting with mediation and conciliation programs to address such problems. A 1981 meeting sponsored by the Federal Ministry of Justice (FMJ) produced several research proposals which fell into three categories: prejudicial forums for conflict resolution, nonadjudicative forms of conflict resolution in judicial proceedings, and reduction of conflicts through legislation. Consequently, the FMJ has sponsored several research projects, including a model experiment on new modes of legal advice for consumers, a conciliatory agency for building construction, new approaches to debt collection, and an empirical investigation of judicial settlements. Professional associations and State agencies also are examining conflict resolution alternatives. The report provides three footnotes and a list of research projects.