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NCJ Number: 93877 Add to Shopping cart Find in a Library
Title: Compulsory Arbitration - Accommodating the Changing Nature of Litigation
Journal: Court Management Journal  Dated:(1984)  Pages:20-30
Author(s): V O Manuele
Date Published: 1984
Page Count: 11
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: The legal community and the public should urge the use of compulsory arbitration as a viable judicial alternative and should permit its development as a permanent part of our justice system.
Abstract: We must move swiftly and confidently toward this alternative if the inequities of the current system are to be eliminated. The huge caseload of the courts is currently hindering the attainment of the system's underlying goals. The main goals in establishing a system of compulsory arbitration are the provision of speedy justice through the reduction of backlogs and delays, improving access to justice through reducing the cost of litigation, and removing obstacles to fair decisions. Judicial arbitration would involve the transfer of pending civil cases to a panel of arbitrators who would serve in the roles of both judge and jury. Several State and Federal jurisdictions have experimented with compulsory judicial arbitration plans. The results demonstrate these programs' potential for reducing the procedural inefficiency plaguing the traditional legal system. Compulsory arbitration will both improve the administration of justice and enhance the public's image of the bar at a time when the public is clearly frustrated by the congestion, cost, and resulting inefficiency. Federal and State case law has upheld the constitutionality of this approach. Data tables, 78 notes and 11 references are included.
Index Term(s): Arbitration
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