NCJ Number: 66984
Title: RESOLUTION OF MINOR DISPUTES - JOINT HEARING BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE AND SUBCOMMITTEE ON CONSUMER PROTECTION AND FINANCE, 96TH CONGRESS, FIRST SESSION
Author(s): ANON
Corporate Author: US Congress
Date Published: 1979
Page Count: 676
Sponsoring Agency: US Congress
Publication Number: 25; 96-78
Type: Legislative/Regulatory Material
Format: Document
Language: English
Country: United States of America
Annotation: THIS PUBLICATION CONTAINS THE TEXT OF JOINT SUBCOMMITTEE HEARINGS OF THE U.S. HOUSE OF REPRESENTATIVES ON THE ISSUE OF MINOR DISPUTE RESOLUTION.
Abstract: THE HEARINGS WERE HELD BETWEEN JUNE 6, 1979, AND JUNE 18, 1979, AND CONSISTED OF THE PREPARED STATEMENTS OF 25 WITNESSES AND ADDITIONAL STATEMENTS OF 15 ORGANIZATION REPRESENTATIVES. THE EXPERT WITNESSES REPRESENTED JUDICIAL AND CITIZEN INVOLVEMENT IN LEGAL AND CONSUMER AFFAIRS INSTITUTIONS ON NATIONAL, STATE, AND LOCAL LEVELS. AMONG THEM WERE THE DIRECTOR OF THE U.S. OFFICE OF CONSUMER AFFAIRS; A PROFESSOR OF LAW FROM COLUMBIA UNIVERSITY; AND REPRESENTATIVES OF THE AMERICAN BAR ASSOCIATION, A VARIETY OF NEIGHBORHOOD JUSTICE CENTERS, THE INSTITUTE FOR SOCIAL ANALYSIS, THE NATIONAL ASSOCIATION OF COUNTIES, THE U.S. CHAMBER OF COMMERCE, AND THE NATIONAL CENTER FOR STATE COURTS. ADDITIONAL STATEMENTS WERE MADE ON BEHALF OF SUCH PRIVATE INTERESTS AS THE COUNCIL OF BETTER BUSINESS BUREAUS, THE LEGAL SERVICES CORPORATION, THE MOTOR VEHICLE MANUFACTURERS ASSOCIATION, THE NATIONAL SENIOR CITIZENS LAW CENTER, AND SEARS, ROEBUCK AND CO. MOST TESTIMONY DEALT WITH THE PROBLEMS OF PROVIDING APPROPRIATE FORUMS FOR THE RESOLUTION OF MINOR DISPUTES AND THE NECESSITY FOR NEW APPROACHES BOTH WITHIN THE COURT AND OUTSIDE IT. UNDER DISCUSSION WERE BILLS H.R. 2863, H.R. 3719, AND S. 423, ALL OF WHICH PROPOSED USE AND EVALUATION OF A WIDE VARIETY OF ALTERNATIVES TO FORMAL ADJUDICATION, A NATIONAL INFORMATION CLEARINGHOUSE, AND A TECHNICAL ASSISTANCE PROGRAM. AMONG THE PROBLEMATIC ISSUES RAISED WERE STATE AND FEDERAL SEPARATION OF POWERS, THE RISING NUMBER OF FAMILY AND HOUSING DISPUTES, LACK OF FUNDING SOURCES, THE INVOLVEMENT OF NONLAWYERS, AND INTERRELATIONS BETWEEN SMALL CLAIMS COURTS, CONSUMER PROGRAMS, THE POLICE, PROSECUTORS, AND CRIMINAL COURTS. MOST ONGOING PROGRAMS OF ALTERNATIVE RESOLUTION OF MINOR DISPUTES WERE DEEMED SUCCESSFUL, BUT WITNESSES WARNED THAT CAREFUL CONSIDERATION MUST BE GIVEN TO ENSURE THEIR QUALITY OF JUSTICE. TEXTS OF THE PROPOSED BILLS AND ADDITIONAL MATERIALS SUBMITTED BY WITNESSES AND OTHERS ARE APPENDED.
Index Term(s): Alternative dispute settlement; Arbitration; Judicial process; Legislation; Neighborhood justice centers; Small claims courts
Note: HEARINGS HELD JUNE 6, 7, 14 AND 18, 1979
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