NCJ Number
93877
Journal
Court Management Journal Dated: (1984) Pages: 20-30
Date Published
1984
Length
11 pages
Annotation
The legal community and the public should urge the use of compulsory arbitration as a viable judicial alternative and should permit its development as a permanent part of our justice system.
Abstract
We must move swiftly and confidently toward this alternative if the inequities of the current system are to be eliminated. The huge caseload of the courts is currently hindering the attainment of the system's underlying goals. The main goals in establishing a system of compulsory arbitration are the provision of speedy justice through the reduction of backlogs and delays, improving access to justice through reducing the cost of litigation, and removing obstacles to fair decisions. Judicial arbitration would involve the transfer of pending civil cases to a panel of arbitrators who would serve in the roles of both judge and jury. Several State and Federal jurisdictions have experimented with compulsory judicial arbitration plans. The results demonstrate these programs' potential for reducing the procedural inefficiency plaguing the traditional legal system. Compulsory arbitration will both improve the administration of justice and enhance the public's image of the bar at a time when the public is clearly frustrated by the congestion, cost, and resulting inefficiency. Federal and State case law has upheld the constitutionality of this approach. Data tables, 78 notes and 11 references are included.