NCJ Number
116562
Journal
Journal of State Government Volume: 61 Issue: 5 Dated: (September/October 1988) Pages: 174-176
Date Published
1988
Length
3 pages
Annotation
This article addresses the alternatives dispute resolution option to formal litigation.
Abstract
The historical alternative to formal litigation is discussed. The nationwide movement to create small claims courts, which began in Kansas in 1912, was an early effort to bypass traditional judicial machinery. Today, there is an increased range of alternative dispute resolution mechanisms and statutory and institutional initiatives. These include mandatory, court-annexed arbitration and mediation programs, and summary jury trials. Court-annexed arbitration programs have spread to 24 States and the District of Columbia. There are concerns, however, that alternatives may favor some litigants over others. A study found that those who represented themselves appeared to be disadvantaged when facing opponents represented by lawyers. Domestic relations are conducive to alternative dispute resolution. Concerns are that mediators might adversely affect property decisions, and that women systematically do not fare as well. Research studies are proposed by the National Center for State Courts to study these concerns. References. (Author abstract modified)