CONCILIATION AND ARBITRATION IN THE NATIVE VILLAGE AND THE URBAN GHETTO

• NCJ Number: 18117
• Journal: Judicature Volume: 58 Issue: 5 Dated: (DECEMBER 1974) Pages: 228-235
• Author(s): ANON
• Date Published: 1974
• Length: 8 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A COMPARATIVE DISCUSSION OF CONCILIATION TECHNIQUES AS EMPLOYED BY ALASKAN VILLAGE CONCILIATION BOARDS AND ARBITRATION TECHNIQUES AS USED IN PHILADELPHIA AS AN URBAN COURT DIVERSION PROJECT.

Abstract

THE ALASKAN VILLAGE CONCILIATION BOARD EMPLOYS NOT LESS THAN THREE CONCILIATORS TO HEAR EACH DISPUTE. THE THREE ARE CHOSEN FROM A PANEL OF FIVE APPOINTED BY THE VILLAGE COUNCIL. THE CONCILIATORS, ALTHOUGH INSTRUCTED IN BASIC CONTRACTS, TORTS, AND CRIMINAL AND FAMILY LAW, OPERATE IN MUCH THE SAME FASHION AS THE VILLAGE COUNCIL BEFORE THEM. THEY SEEK TO IMPOSE SOLUTIONS WHICH WILL RESTORE HARMONY AND REINTEGRATE THE OFFENDER INTO VILLAGE LIFE. ALTHOUGH THEY OPERATE AT PRESENT WITHOUT FORMAL AUTHORITY, THEY ARE BACKED BY VILLAGE OPINION AS WELL AS BY THE IMPLICIT APPROVAL OF THE MAGISTRATES COURTS. IN PHILADELPHIA, CASES ARE TRANSFERRED TO THE ARBITRATION CENTER BY COURT PERSONNEL. THE ARBITRATORS MAY EITHER AID THE PARTIES IN ARRIVING AT A CONSENT AGREEMENT OR REACH A DETERMINATION THEMSELVES AND ISSUE AN AWARD AFTER TEN DAYS.