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Mediation - A Boon or a Bust? (From Mediation in the Justice System - Conference Proceedings, P 3-17, 1983, Marie R Volpe et al, ed. - See NCJ-92471)

NCJ Number
92472
Author(s)
L H Cooke
Date Published
1983
Length
15 pages
Annotation
The main characteristic of mediation, and its major difference from arbitration and the judicial process, is its dedication to the parties' self-resolution of their disagreement.
Abstract
Instead of hearing evidence and informing the disputants about the resolution of their problem, the mediator encourages communication, helps the parties identify the areas of agreement and disagreement, and works to bring the parties to a resolution which they have defined and reached themselves. The controversies which are most suitable for resolution through mediation are interpersonal disputes among individuals who have some type of ongoing relationship. These include family disputes, neighborhood disputes, landlord-tenant disputes, and some types of disputes between consumers and merchants. Mediation is also appropriate for some types of criminal problems, although civil disputants are more likely to consider mediation to be a truly voluntary process. In addition, private agencies operating independently of the government sponsorship may provide a larger source of referrals. For mediation to function effectively, it must rest on public education and adequate training of the mediators. Data on the benefits of mediation have come from a study of the Brooklyn Dispute Resolution Center. Mediation was found to produce greater satisfaction among disputants when compared to those who used courts. Disputants generally felt that the agreement had been kept and, in more than 70 percent of the cases, did not have further problems with one another. Other benefits of mediation are its lower cost, the speed with which disputes are resolved, removal from the courts of cases inappropriate to resolution there, an improved community perception of justice, and a return of power to the community.

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