NCJ Number
46902
Date Published
1977
Length
13 pages
Annotation
THE OPERATION OF THE MIAMI, FLA., CITIZEN DISPUTE SETTLEMENT (CDSC), ESTABLISHED IN 1975 TO PROVIDE A LESS FORMAL ALTERNATIVE FOR THE RESOLUTION OF INTERPERSONAL CONFLICTS AND RELEIVE COURT OEVERLOADS, IS DESCRIBED.
Abstract
THE CDSC PROVIDES A STAFF OF PROFESSIONALLY SKILLED AND TRAINED MEDIATORS TO LISTEN TO COMPLAINTS AND COUNTERCOMPLAINTS AND DEFENSES IN AN INFORMAL, NEUTRAL SETTING. THE MEDIATOR DEALS ONLY WITH CONFLICTS BETWEEN TWO PARTIES WHO HAVE AN ONGOING RELATIONSHIP. CONFLICTS RANGE FROM HARRASSMENT TO BATTERY AND NEARLY ALL HAVE THEIR ROOTS IN SOME DEEPER MISUNDERSTANDING. IT IS HOPED THAT RESOLVING THE CONFLICT AT AN EARLY STAGE WILL PREVENT ESCALATION AND MORE SERIOUS CONSEQUENCES. THE INFORMAL MEDIATION APPROACH ALLOWS FOR GREATER EMPHASIS ON THE CAUSES AND MITIGATING FACTORS, WHICH CAN NOT BE DEALT WITH IN A FORMAL COURT PROCEDURE, AND PERMITS A RECONCILIATION RATHER THAN A PUNISHMENT A COMPLAINANT ARRIVING AT THE CENTER IS ENCOURAGED TO TELL THE PROBLEM TO A NONJUDGEMENTAL INTAKE COUNSELOR, WHO THEN ADVISES THE COMPLAINANT OF POSSIBLE REMEDIES. IF MEDIATION IS PURSUED, BOTH PARTIES ARE SENT NOTICES ASKING THEM TO APPEAR AT A MEDIATION HEARING PARTICIPATION IS ENTIRELY VOLUNTARY. AT THE MEDIATION HEARING, THE TWO PARTIES APPROACH EACH OTHER IN A NONADVERSARIAL ONE-TO-ONE MANNER. THE MEDIATOR EXPLAINS THE PURPOSE OF THE HEARING AND THEN LISTENS AND OBSERVES AS EACH INDIVIDUAL EXPLAINS HOW HE OR SHE PERCEIVES THE SITUATION. THE MEDIATOR SERVES PRIMARILY AS A FACILITATOR, AIDING THE PARTIES IN DECIDING ON A MUTUALLY ACCEPTABLE COURSE OF ACTION. OFTEN MERELY TALKING WILL SENSITIZE THE PARTIES TO EACH OTHER'S MOTIVES AND NEEDS. AT OTHER TIMES, THE MEDIATOR MAY HAVE TO URGE MUTUAL COMPROMISE. ONCE AN AGREEMENT HAS BEEN REACHED, BOTH PARTIES SIGN IT AND ARE MAILED COPIES. IF A VIOLATION OF THE AGREEMENT OCCURS, THE PARTIES ARE ASKED TO NOTIFY THE CENTER, AND THE CENTER MAY EITHER ADVISE A SECOND MEDIATION HEARING OR REFER THE CASE TO THE COURTS, THE PROSECUTOR, OR ANOTHER AGENCY. IN ADDITION TO SETTLING DISPUTES, THE CENTER ALSO REFERS TO OTHER COMMUNITY AGENCIES WHERE APPROPRIATE, THUS PROVIDING ACCESS TO SERVICES FOR INDIVIDUALS WHO OTHERWISE MIGHT NOT HAVE HAD IT. SINCE ITS INITIATION, THE CDSC'S RATE OF SUCCESSFUL RESOLUTIONS HAS BEEN 94.9 PERCENT, ITS RECIDIVISM RATE ONLY 4.1 PERCENT. THE SUCCESS OF THE MIAMI CDSC HAS RESULTED IN THE ESTABLISHMENT OF A NUMBER OF ADDITIONAL CDSC'S IN FLORIDA. (JAP)