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ARBITRATION AS AN ALTERNATIVE

NCJ Number
53515
Date Published
1978
Length
73 pages
Annotation
THE ORGANIZATION OF THE COMMUNITY DISPUTE SETTLEMENT (CDS) CENTER IN MONROE COUNTY, N.Y., IS DISCUSSED, AND PROBLEM AND NEED ASSESSMENT, ARBITRATION, STAFFING, AND FINANCING ASPECTS OF THE CENTER ARE EXPLORED.
Abstract
EFFICIENT MECHANISMS ARE NEEDED IN THE COUNTY TO DEAL WITH OFFENDERS AND VICTIMS IN NONVIOLENT CRIMES AND TO RESOLVE COMMUNITY DISPUTES IN A WAY THAT CONSIDERS SOCIAL PROBLEMS AFFECTING CRIME AND CRIME PREVENTION. THE ARBITRATION AS AN ALTERNATIVE (4-A) PROGRAM IS DESIGNED TO SETTLE MINOR GRIEVANCES SUCH AS THIRD-DEGREE ASSAULT AND HARASSMENT OUT OF COURT. ALTHOUGH JAIL SENTENCING AND FINES ARE NOT WITHIN THE JURISDICTION OF THE 4-A PROGRAM, CIVIL DAMAGE AWARDS AND SPECIFIC INJUNCTIVE RELIEF AND RESTITUTION MAY BE INCLUDED. WHEN, IN THE JUDGMENT OF COURT OFFICIALS, AN INTERPERSONAL DISPUTE SEEMS APPROPRIATE FOR ARBITRATION AS AN EFFECTIVE MEANS OF SETTLEMENT, THE COMPLAINANT AND THE RESPONDENT WILL BE OFFERED AN OPPORTUNITY TO APPEAR AT A HEARING BEFORE A NEUTRAL THIRD PARTY TRAINED IN TECHNIQUES OF DISPUTE SETTLEMENT. THE GOAL OF THE HEARING IS TO REACH AN ACCEPTABLE SOLUTION TO THE PROBLEM BY ACCOMMODATION AND AGREEMENT. IF AN AGREEMENT CANNOT BE REACHED, THE THIRD PARTY, AS AN ARBITRATOR, IS AUTHORIZED TO ISSUE A FINAL AND BINDING DECISION THAT IS COURT-ENFORCEABLE. CERTAIN ASPECTS OF THE 4-A PROGRAM MAY BE INITIATED WITHOUT COURT CONTACT, SUCH AS LANDLORD-TENANT AND CONSUMER DISPUTES. TYPES OF CASES HANDLED BY THE CDS CENTER AND BENEFICIARIES ARE NOTED. CASE-GENERATING PROGRAMS OF THE AMERICAN ARBITRATION ASSOCIATION'S CHAPTER IN THE CITY OF ROCHESTER ARE DESCRIBED, AS WELL AS THE ORGANIZATION OF THE ROCHESTER COMMUNITY DISPUTE SERVICES. AN ORGANIZATIONAL CHART IS INCLUDED AND DUTIES OF STAFF ARE LISTED. FINANCIAL AND BUDGET INFORMATION IS PROVIDED. LETTERS INDICATING SUPPORT FOR THE 4-A PROGRAM ARE ATTACHED.