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NCJ Number: 66986 Find in a Library
Title: GROWTH OF NONJUDICIAL DISPUTE RESOLUTIONS - SPECULATIONS ON THE EFFECTS ON JUSTICE FOR THE POOR AND ON THE ROLE OF LEGAL SERVICES (FROM RESOLUTION OF MINOR DISPUTES, 1979 SEE NCJ-66984)
Author(s): L R SINGER
Corporate Author: US Congress
House Subcommittee on Courts, Civil Liberties, and the Admin of Justice
United States of America

US Congress
House Subcommittee on Consumer Protection and Finance
United States of America
Date Published: 1979
Page Count: 18
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Congress
Washington, DC 20515
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THIS PAPER SUBMITS BASIC INFORMATION ON ALTERNATIVE DISPUTE SETTLEMENT METHODS AND STIMULATES DEBATE CONCERNING THE BENEFITS AND DRAWBACKS OF NONJUDICIAL DISPUTE RESOLUTION.
Abstract: ALTERNATIVE MODELS FOR PROCESSING DISPUTES VARY IN THE TYPES OF DISPUTES HANDLED, THE IDENTITY OF THE PARTIES, THE TECHNIQUES EMPLOYED, AND THE ABILITY TO ENFORCE RESULTS, BUT THEY ALL SHARE AN EMPHASIS ON ACCOMMODATION OF BOTH PARTIES IN A MORE FLEXIBLE AND LESS FORMAL SETTING THAN THAT OF TRADITIONAL LITIGATION. AMONG THE VARIOUS ALTERNATIVES ARE COMMUNITY DISPUTE CENTERS, INSTITUTIONAL GRIEVANCE PROCEDURES, CONSUMER CONCILIATION, GOVERNMENT-SPONSORED MEDIATION, AND COURT-ANNEXED ARBITRATION. ALTHOUGH MOST PROGRAMS ARE TOO RECENT FOR PROPER EVALUATION, INDICATIONS ARE THAT THEY FURNISH GREATER ACCESS TO LEGAL SYSTEMS FOR LOW-INCOME DISPUTANTS, THAT THEY SUCCESSFULLY RESOLVE MANY CONFLICTS, AND THAT THEY UPHOLD SOCIAL AND ECONOMIC JUSTICE OF INDIVIDUALS VS. THE TRADITIONALLY MORE POWERFUL. EXAMPLES OF CITIZENS' GROUPS INCLUDE TENANT, CONSUMER, AND ENVIRONMENTALIST GROUPS WHO SUCCESSFULLY BRING CHARGES AGAINST MORE ESTABLISHED ADVERSARIES. DECISION FAIRNESS THROUGH ALTERNATIVE SETTLEMENT NEEDS TO BE STUDIED IN ORDER TO DETERMINE THE EFFECTS OF SUCH FEATURES AS SHARED RACE AND SOCIAL CLASS OF DISPUTANTS AND DECISIONAKERS, THE AMOUNT OF TIME SPENT ON EACH CASE, ACTIVE PARTICIPATION OF DISPUTANTS, AND THE ROLE OF COERCION IN ALTERNATIVE FORUMS. ENFORCING DECISIONS IS ANOTHER PROBLEM AS YET UNRESOLVED. COMMUNITY EMPOWERMENT OF DISPUTE-SETTLEMENT SERVICES NEEDS INDEPENDENT FUNDING SOURCES, AND THE SIMPLE APPROACH TO COMMUNITY SETTLEMENT MUST REMAIN FREE OF BUREAUCRATIZATION. LEGAL SERVICE PROFESSIONALS ARE URGED TO BECOME MORE INVOLVED IN ESTABLISHING COMMUNITY JUSTICE SERVICES AND EDUCATING THE CLIENTELE. FOOTNOTES ARE INCLUDED. (MRK)
Index Term(s): Alternative dispute settlement; Arbitration; Community conflict; Conflict resolution; Neighborhood justice centers
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66986

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