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NCJ Number: 92477 Find in a Library
Title: Mediation and the Legal Profession (From Mediation in the Justice System - Conference Proceedings, P 99-103, 1983, Marie R Volpe et al, ed. - See NCJ-92471)
Author(s): L Ray
Date Published: 1983
Page Count: 5
Sponsoring Agency: American Bar Association
Sale Source: American Bar Association
,
United States of America
Language: English
Country: United States of America
Annotation: The Special Committee on Alternative Dispute Resolution of the American Bar Association (ABA) acts as a facilitator and promoter for dispute resolution in the United States.
Abstract: With an annual budget of about $150,000, the Committee has been in operation for 6 years. It focuses its efforts in three areas: acting as a clearinghouse for information on dispute resolution, producing a newsletter and monographs, and providing technical assistance to those who are starting programs. Some attorneys and judges believe that the ABA should not be promoting the use of mediation. However, mediation arose because the majority of people seemed to be dissatisfied with the way their minor disputes such as misdemeanors, small claims, and neighborhood disputes were being handled. However, people leave mediation sessions feeling better than when they came. Mediation gives them the chance to talk to someone about their dispute and to know that someone is listening sensitively. Overall, particularly in large cities and metropolitan areas, attorneys, district attorneys, prosecutors' offices, small claims court, and bar associations are in favor of dispute resolution for minor matters. When mediation enters areas outside of minor disputes, it produces more opposition from lawyers. Between 30 to 35 State and local bar associations have specific committees on mediation. The ABA is preparing a materials package called the Models and Packages Program to assist bar associations. To be successful, a mediation program needs to be part of both the social service system and the legal system, since people with problems are in contact with one or both of these systems. As Legal Aid services are reduced, lawyers will need to make increasing use of mediation programs.
Index Term(s): Alternative dispute settlement; American Bar Association (ABA); Conflict resolution; Mediation
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