NCJ Number
96272
Journal
Mediation Quarterly Issue: 5 Dated: (September 1984) Pages: 39-52
Date Published
1984
Length
14 pages
Annotation
This paper describes the program structure of the Neighborhood Small Claims Project (NSCP) in Santa Clara, Calif., with attention to what changes in the procedure and training of mediators improve the success rate of small claims mediation.
Abstract
The NCSP was started in January 1977 as an informal division of the small claims court of Santa Clara County, administered by the Santa Clara County Bar Association. Its primary goal is to divert cases from small claims court. The NCSP first attempts to mediate informally and then, if mediation fails, to arbitrate disputes referred to it from the municipal court. The community served by the NSCP includes all those residing in the San Jose-Milpitas judicial district. NSCP staff consist of two clerks, one sheriff's deputy, and three or four mediators, depending on the number of cases scheduled. Eighteen NSCP mediators observed had one of three basic orientations: conciliatory, administrative, or professional. The conciliatory mediator is interested primarily in the welfare of the disputants whose case he is hearing; the administrative mediator is interested primarily in the smooth and efficient running of the NSCP itself; and the professional mediator is concerned primarily with the correct dispensing of justice according to the relevant articles of law. The success of the NSCP, measured on the basis of four criteria -- increased access to justice, improved efficiency, improved process, and community benefits -- has been mixed. Seven tables and six references are included.