NCJ Number
58274
Date Published
1979
Length
71 pages
Annotation
THE CITIZEN DISPUTE SETTLEMENT (CDS) PROCESS IN FLORIDA, CONDUCTED BY THE OFFICE OF THE STATE COURTS ADMINISTRATOR, WAS EXAMINED TO ASSESS ITS PERFORMANCE AND THE VARIABLES INFLUENCING PERFORMANCE.
Abstract
QUESTIONNAIRES WERE MAILED TO 1,184 COMPLAINANTS AND 1,184 RESPONDENTS IN A TOTAL OF 2,601 CASES FROM 5 DIFFERENT FLORIDA CDS PROGRAMS. IN ALL THE CASES, AGREEMENT HAD BEEN REACHED BY MEDIATION. ALTHOUGH THE RESPONSE RATE WAS ONLY ABOUT 30 PERCENT, ANALYSIS BY 2 METHODS INDICATED THAT THE SAMPLE WAS REPRESENTATIVE. FACTORS STUDIED INCLUDED TYPE OF CASE ORIGINATION, TYPE OF DISPUTE, RELATIONSHIP OF DISPUTANTS, NATURE OF THE COMPLAINT, DISPOSITION, CHARACTERISTICS OF THE COMPLAINANT, AND OTHER VARIABLES. RESULTS INDICATED FIRST THAT DISPUTANTS REFERRED BY CRIMINAL JUSTICE PERSONNEL WERE THE MOST LIKELY TO SUCCESSFULLY COMPLETE THE CDS PROCESS. CDS PROGRAM STRUCTURE INFLUENCED AGREEMENT AND SATISFACTION RATES, BUT SOMETIMES IN OPPOSITE DIRECTIONS. PROPERTY DISPUTES WERE LEAST LIKELY TO HAVE INITIAL SUCCESSES BUT WERE MOST LIKELY TO RESULT IN LONG-TERM RESOLUTION. IN CONTRAST, PERSONAL, PUBLIC ORDER, AND NEIGHBORHOOD DISPUTES TENDED TO BE INITIALLY SUCCESSFUL BUT LESS LIKELY TO RESULT IN LONG-RANGE SETTLEMENT. THE CDS PROCESS WAS MOST SUCCESSFUL WITH DISPUTANTS WITH MINOR OR NO CONTINUING INTERRELATIONSHIPS AND WHEN SPECIFIC BEHAVIORS WERE PLANNED IN THE AGREEMENT. FINALLY, THE TRAINING AND COMPETENCE OF MEDIATORS WERE POSITIVELY ASSOCIATED WITH BOTH SATISFACTION AND RESOLUTION. ALTHOUGH CDS PROGRAMS NEED TO BROADEN REFERRAL SOURCES, THE PROCESS PRODUCES REASONABLY HIGH LEVELS OF SATISFACTION AND DISPUTE RESOLUTION. PRESENT LOW IMPACT ON FORMAL COURT WORKLOADS MAY CHANGE AS THE CDS WORKLOAD INCREASES OVER TIME. FIGURES AND EXTENSIVE TABLES ARE INCLUDED. (CFW)