NCJ Number
98377
Date Published
1984
Length
76 pages
Annotation
This manual describes six alternative dispute mechanisms now in use for resolving prisoner grievances without resort to litigation.
Abstract
The ways in which administrators can use dispute resolution mechanisms to avert litigation, by handling complaints swiftly and fairly, are noted. Grievance mechanisms, which were originally instituted to avert disturbances, are presented as effective, low-cost ways to discern complaints with merit from those without merit. The importance to corrections officials of being properly trained to detect valid complaints from invalid complaints is emphasized. Establishing a collaborative relationship between corrections officials and attorneys, who may advise them in resolving complaints short of litigation, is suggested. Six alternatives to litigation are discussed. Of these, the inmate grievance procedure, ombudsman, and legal assistance programs are described as more successful in averting litigation and in the prompt and fair settlement of grievances. The effective use of two methods in combination is noted, such as inmate grievance procedures with an ombudsman or a legal assistance program. Questions of the effectiveness of the remaining three methods, external review bodies, mediation, and inmate councils are noted. Suggestions for development of future efforts to avert litigation are offered, centering on inmate grievance procedures, as well as ombudsmen and legal assistance programs. Finally, the role of each administrator of a correctional facility to discern the effective methods for his or her facility is emphasized, as is the importance of sound management and realistic allocation of staff and resources to create an effective mechanism. Footnotes accompany each chapter; a 46-item bibliography is included.