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NCJRS Abstract

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NCJ Number: 99218 Find in a Library
Title: Justice Outside the System
Author(s): H W Knight
Date Published: 1984
Page Count: 196
Sponsoring Agency: Premier Publishing Co
Anaheim, CA 92805
Sale Source: Premier Publishing Co
P.O. Box 776
Anaheim, CA 92805
United States of America
Language: English
Country: United States of America
Annotation: This text examines the advantages, forms, and applications of alternative dispute resolution (ADR) procedures.
Abstract: Alternative forums for dispute resolution permit disputants to select the mediator or arbitrator, the time and place, and the rules under which resolution will proceed. After the parties have agreed to an alternative forum, a neutral is selected with the input and consent of both parties. The neutral may serve as a custodian of funds, as a hearing officer in disuptes among members of organizations, as a mediator, or as an arbitrator. Classic arbitration consists of presentation and summary of the entire case before a neutral whose decision is binding and nonappealable. Useful in business disputes, the minitrial is a voluntary, confidential, and nonbinding process through which disputants can better understand the strengths and weaknesses of their cases. In the most formal proceeding using a neutral advisor, the summary jury trial, attorneys for the opposing parties summarize their cases before a six-member jury which then presents an advisory verdict. When serving as an adjudicator, the neutral delivers a decision which is binding. Adjudicatory mechanisms include trial on order of reference, court-annexed arbitration, and judicial arbitration. California has statutorily adopted rules for judicial arbitration in small civil cases and in cases involving private agreements, medical malpractice, uninsured motorists, labor relations, public construction contracts, and attorneys' fees. Appendixes include judicial and private arbitration forms, order-of-reference materials, and judicial arbitration rules and statutes. An index is included.
Index Term(s): Alternative dispute settlement; Arbitration; California; Court-administered arbitration; Mediation; Mini-trials; State laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=99218

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