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NCJ Number: 67988 Find in a Library
Title: HUMANISTS AS MEDIATORS - AN EXPERIMENT IN THE COURTS OF MAINE
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:66  Dated:(MAY 1980)  Pages:576-579
Author(s): A L GREASON
Date Published: 1980
Page Count: 4
Format: Article
Language: English
Country: United States of America
Annotation: THE EVIDENCE THAT MEDIATION LEADS TO A MORE EQUITABLE AND AMIABLE RESOLUTION THAN CAN BE PROVIDED BY A TRIAL JUDGE HAS CONTRIBUTED TO ITS WIDESPREAD ACCEPTANCE AND GROWTH IN MAINE COURTS SINCE 1976.
Abstract: THE MEDIATION PROGRAM WAS FIRST SPONSORED BY THE CUMBERLAND COUNTY BAR ASSOCIATION, THE MAINE LABOR RELATIONS BOARD, AND THE MAINE COUNCIL FOR THE HUMANITIES AND PUBLIC POLICY. IT WAS SET UP AS AN EXPERIMENT IN SMALL CLAIMS COURTS. MEDIATION'S WIDESPREAD GROWTH IN MAINE HAS BEEN DUE LARGELY TO THE SUCCESS OF THE ORIGINAL EXPERIMENT AND TO THE NATURE OF THE MEDIATORS. CURRENTLY, ALL MEDIATORS ARE LAY PEOPLE WITH EXPERIENCE AS TEACHERS OR IN THE HUMANITIES. BY THE END OF THE EXPERIMENT'S FIRST YEAR, MEDIATORS RESOLVED 65 PERCENT OF THEIR CASES. IN DIVORCE CASES, THE RESOLUTION WAS MUCH HIGHER. THE INFORMALITY OF THE MEDIATION PROCESS OFFERS FLEXIBILITY IN SERVICES NOT AVAILABLE IN COURT. PARTIES TO A DISPUTE ARE TOLD BY THE JUDGE THAT MEDIATION IS AVAILABLE AND ENCOURAGED. THE MEDIATORS DISCUSS WITH THE PARTIES ALL ASPECTS OF THE ISSUES INVOLVED AND PROPOSE SOLUTIONS. ALTHOUGH MEDIATION IS NO MORE EFFICIENT THAN A HEARING AND TAKES MORE TIME, IT CAN SAVE THE COURT MONEY BY AVOIDING CONTINUANCES AND APPEALS. IT CAN ALSO SAVE MONEY FOR SMALL CLAIMS DISPUTANTS AND DIVORCE PARTIES. MEDIATION IN MAINE IS NOW BEING FUNDED BY THE STATE AS PART OF ITS JUDICIAL BUDGET; FURTHER STUDIES ARE BEING SUPPORTED BY A GRANT FROM THE NATIONAL SCIENCE FOUNDATION.
Index Term(s): Citizen aides; Community involvement; Dispute resolution; Lay judges; Maine; Mediation; Small claims courts
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67988

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