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NCJ Number: 97403 Find in a Library
Title: Problem Solving in the 1980's - A Qualitative Analysis of Alternative Means of Minor Dispute Resolution
Journal: Seaton Hall Law Review  Volume:14  Issue:4  Dated:(1984)  Pages:986-1003
Author(s): J A Girgan
Date Published: 1984
Page Count: 18
Format: Article
Language: English
Country: United States of America
Annotation: This paper focuses on the qualitative reasons for alternative dispute resolution and maintains that a superior result is at once 'the goal and the test' in justifying a search for alternative forums.
Abstract: Reasons for the inability of the standard adversarial justice system to process minor disputes effectively are discussed; they include the growth of government, large-scale urbanization, and the decline of nonjudicial institutions traditionally engaged in dispute resolution. Further, steps that should be taken to determine whether the court is the most appropriate forum for resolving a certain dispute are indicated. Alternative means for resolving disputes are defined, including avoidance, factfinding, conciliation, mediation, arbitration, and persuasive justice. The inappropriateness of the adjudicative process in resolving certain types of disputes is highlighted, and reasons for this inappropriateness are suggested. Traditional methods of dispute resolution are shown to presuppose a dispute with a single focus rather than a multifaceted problem. Additionally, the need for the relationship between parties to be considered in determining the most appropriate type of dispute resolution, is highlighted. Attention focuses on the role of the Neighborhood Justice Center as a forum for interpersonal dispute resolution. However, the importance of evaluating the concept of the center in terms of due process objections it has provoked is emphasized. Finally, ways of safeguarding seventh amendment rights are detailed, of safeguarding seventh amendment rights are detailed, and the need for caution in alternative dispute reform is cited. Included are 116 references.
Index Term(s): Alternative dispute settlement; Arbitration; Lawsuits; Mediation; Neighborhood justice centers
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