BACKGROUND RESEARCH REPORT FOR THE ABA (AMERICAN BAR ASSOCIATION) SPECIAL COMMITTEE ON RESOLUTION OF MINOR DISPUTES

• NCJ Number: 46719
• Author(s): R F ZEHNLE; J J ZUEHL
• Date Published: 1976
• Length: 78 pages
• Corporate Author: American Bar Foundation
• Publication Format: Document
• Publication Type: Bibliography
• Language: English
• Country: United States of America

Annotation

THIS REPORT DEALS WITH THE RESOLUTION OF MINOR CITIZENS' DISPUTES, AND INCLUDES AN ANNOTATED BIBLIOGRAPHY, A LIST OF CURRENT PROGRAMS IN THE FIELD, SUGGESTED REFORMS, AND A SUMMARY OF PROPOSED CONGRESSIONAL LEGISLATION.

Abstract

THE LITERATURE CONCERNING CONTEMPORARY MECHANISMS OF DISPUTE RESOLUTION IDENTIFIES MANY PROBLEM AREAS AND MAKES SUGGESTIONS FOR REFORM, RANGING FROM NARROW PROCEDURAL MODIFICATION TO BROAD INSTITUTIONAL RESTRUCTURING. MANY OF THE REFORMS HAVE BEEN IMPLEMENTED ON A TRIAL BASIS. CITATIONS IN THE ANNOTATED BIBLIOGRAPHY ARE GROUPED UNDER THE FOLLOWING TOPICS: CONSUMER PROBLEMS, ARBITRATION, LAY PARTICIPATION AND COMMUNITY COURTS, SMALL CLAIMS COURTS, ALTERNATIVES TO THE CRIMINAL JUSTICE SYSTEM, OMBUDSMEN, AND GENERAL WORKS. FIFTEEN CURRENT INNOVATIVE PROGRAMS FOR THE RESOLUTION OF CITIZENS' DISPUTES IN THE U.S. AND GREAT BRITAIN ARE BRIEFLY DESCRIBED. OF THESE, SOME OF THE MOST WIDELY KNOWN ARE THE 'ACTION LINES' OF THE PUBLIC MEDIA, CONSUMER ARBITRATION BY THE BETTER BUSINESS BUREAU, HOMEOWNERS WARRANTIES ENFORCED BY THE NATIONAL ASSOCIATION OF HOME BUILDERS, AND THE PRODUCT WARRANTIES ENFORCED BY ASSOCIATIONS OF MAJOR APPLIANCE MANUFACTURERS. THE PROBLEM OF BRINGING SOME COHERENCE TO THE PROFUSION OF SUGGESTED REFORMS IS ADDRESSED. THE INTERRELATIONSHIPS AND IMPLICATIONS OF THE VARIOUS PROPOSALS ARE DISCUSSED AND CONCRETE PROGRAMS THAT MAY BE UNDERTAKEN ARE OUTLINED. REFERENCE IS MADE TO THE REPORTS AND PROGRAMS LISTED IN THE PREVIOUS TWO SECTIONS. AT LEAST FOUR DISTINCT NEEDS FOR CHANGE MAY BE DETECTED IN THE LITERATURE: CONSUMER PROTECTION; COURT CONGESTION; NEED FOR COMMUNITY INVOLVEMENT (AS IN NEIGHBORHOOD OR COMMUNITY COURTS); AND NEED FOR MORE LEGAL SERVICES. RESPONSES TO THE VARIOUS PROBLEMS DISCERNED ARE GROUPED UNDER THREE HEADINGS: (1) ENHANCED USE OF EXISTING RESOURCES (E.G. PUBLICITY CAMPAIGN AND A CLEARINGHOUSE AND ADVISORY COMMITTEE); (2) CREATION OF NEW MECHANISMS FOR PROCESSING DISPUTES (AS NEIGHBORHOOD COURTS); AND (3) IMPROVEMENT OR REFORM OF EXISTING INSTITUTIONS (E.G., DELIVERY OF LEGAL SERVICES, TRAINING AND CERTIFICATION OF PARALEGALS, PROMOTION AND STANDARDS FOR ARBITRATION PROGRAMS, IMPROVEMENT OF ACTION LINES, AND STANDARDS FOR INFORMAL SETTLEMENT OF MINOR CRIMINAL COMPLAINTS). THE PROPOSED CONSUMER CONTROVERSIES RESOLUTION ACT (S.2069, 94TH CONGRESS) IS SUMMARIZED.