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NCJ Number: 69081 Add to Shopping cart Find in a Library
Title: NEIGHBORHOOD JUSTICE CENTERS AND THE MEDIATION OF HOUSING-RELATED DISPUTES
Journal: URBAN LAW ANNUAL  Volume:17  Dated:(1979)  Pages:245-269
Author(s): D MCGILLIS
Date Published: 1979
Page Count: 25
Sponsoring Agency: Abt Associates, Inc
Cambridge, MA 02138
US Dept of Justice
Washington, DC 20531
Contract Number: (J-LEAA-030-76
Type: Statistics
Format: Article
Language: English
Country: United States of America
Annotation: MAJOR TYPES OF MEDIATION AND ARBITRATION PROJECTS THAT CURRENTLY PROCESS MINOR HOUSING DISPUTES ARE DISCUSSED; GENERAL ISSUES RELATED TO DISPUTE SETTLEMENT ARE HIGHLIGHTED.
Abstract: TRADITIONALLY HOUSING DISPUTES HAVE BEEN PROCESSED IN CIVIL COURTS OF GENERAL JURISDICTION, SMALL CLAIMS COURTS, AND SOMETIMES IN CRIMINAL COURTS. SOME JURISDICTIONS ARE EXPLORING ALTERNATIVES TO TRADITIONAL SETTLEMENT MECHANISMS THROUGH USE OF MEDIATION PROJECTS THAT ARE SOLELY DEVOTED TO HOUSING DISPUTE ARBITRATION. SUCH PROGRAMS ARE CURRENTLY IN OPERATION IN BOSTON, MASSACHUSETTS; COLUMBUS, OHIO; MIAMI, FLORIDA; NEW YORK, NEW YORK; ROCHESTER, NEW YORK; AND SAN FRANCISCO, CALIFORNIA. THESE PROJECTS ATTEMPT TO REDUCE THE PROBLEMS ASSOCIATED WITH THE COURTS, SUCH AS HIGH COSTS, LONG DELAYS, AND INSUFFICIENT RESOURCES TO DEAL IN DETAIL WITH COMPLEX RECIPROCAL OFFENSES AMONG LANDLORDS AND TENANTS. HOUSING DISPUTES MAY INCLUDE LANDLORD-TENANT DISPUTES, TENANT-TENANT DISPUTES, OR DISPUTES BETWEEN BUILDING OWNERS AND PUBLIC AND PRIVATE AGENCIES. PROJECTS VARY CONSIDERABLY IN THE DEGREE TO WHICH THEY ACTIVELY PURSUE CLIENTS, WHO ARE REFERRED FROM MANY SOURCES INCLUDING THE POLICE, PROSECUTORS, THE COURTS, SOCIAL SERVICES, AND LEGAL AID. ADMINISTRATIVE, INTAKE, AND SOCIAL SERVICE STAFF AT THE VARIOUS PROJECTS TEND TO HAVE VARIED BACKGROUNDS, MOST COMMONLY IN THE SOCIAL SCIENCES. THE AMERICAN ARBITRATION ASSOCIATION AND THE INSTITUTE FOR MEDIATION AND CONFLICT RESOLUTION HAVE DEVELOPED RIGOROUS TRAINING PROGRAMS FOR MEDIATORS AND ARBITRATORS. IN ADDITION, LOCAL TRAINING RESOURCES ARE OFTEN AVAILABLE. NEIGHBORHOOD JUSTICE CENTERS ALSO PROCESS LANDLORD-TENANT DISPUTES. ACCORDING TO A RECENT SURVEY OF THREE CENTERS, PROPORTIONS OF PROJECT CASELOADS DEVOTED TO SUCH DISPUTES RANGE FROM 22 PERCENT FOR THE LOS ANGELES, CALIFORNIA, CENTER TO 17.5 PERCENT FOR THE ATLANTA, GEORGIA, CENTER TO 11.5 PERCENT FOR THE KANSAS CITY, MISSOURI, CENTER. POTENTIAL PROBLEMS WITH THE CONDUCT OF MEDIATION INCLUDE INSUFFICIENT INCENTIVES FOR A POWERFUL PARTY TO COMPROMISE AND THE QUESTION OF WHETHER MATTERS AFFECTING LARGE NUMBERS OF TENANTS SHOULD BE MEDIATED ON A PIECEMEAL BASIS. FOOTNOTES AND TABLES ARE INCLUDED.
Index Term(s): Alternative dispute settlement; Arbitration; Dispute resolution; Mediation; Neighborhood justice centers; Programs
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69081

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