NCJ Number
44335
Journal
Trial Volume: 13 Issue: 12 Dated: (DECEMBER 1977) Pages: 45-49
Date Published
1977
Length
5 pages
Annotation
PROBLEMS SURROUNDING THE PROCESSING OF CONSUMER DISPUTES ARE IDENTIFIED, AND THE ABILITY OF SMALL CLAIMS COURTS AND OTHER FORUMS TO ADDRESS THE PROBLEMS IS ASSESSED.
Abstract
CONCERNS OVER THE NEED BOTH TO PROVIDE MORE EFFECTIVE MECHANISMS FOR RESOLVING CONSUMER CONTROVERSIES AND TO REDUCE CONGESTION IN THE COURTS HAS RESULTED IN PROPOSALS TO INCREASE THE USE OF SMALL CLAIMS COURTS, ARBITRATION, AND MEDIATION, AND TO ESTABLISH SUCH NEW FORUMS AS NEIGHBORHOOD JUSTICE CENTERS. STUDIES SHOW THAT MANY SMALL CLAIMS COURTS FAIL TO PROVIDE CONSUMERS WITH AN ACCESSIBLE, FAIR MEANS TO RESOLVE DISPUTES. HOWEVER, SOME PROPOSED SMALL CLAIMS COURT REFORMS SEEM OF QUESTIONABLE BENEFIT TO THE CONSUMER. FOR EXAMPLE, THE U.S. CHAMBER OF COMMERCE'S MODEL SMALL CLAIMS COURT WOULD PERMIT JUDGES TO REQUIRE THE PARTIES IN A CONSUMER DISPUTE TO SUBMIT TO MEDIATION. WHILE ALTERNATIVE FORUMS FOR DISPUTE SETTLEMENT SHOULD BE AVAILABLE, CONSUMERS SHOULD BE SUBJECTED TO THE JURISDICTION OF SUCH FORUMS ONLY IF THEY CHOOSE TO BE AND ONLY IF THEIR CHOICE IS AN INFORMED ONE. CONSUMERS SHOULD BE TOLD THE QUALIFICATIONS OF THE DECISIONMAKER, WHETHER CONSUMER PROTECTION LAW WILL BE APPLIED, AND WHETHER AN APPEAL IS POSSIBLE. THE SPEED, CONVENIENCE, AND INFORMALITY OF ALTERNATIVE FORUMS SHOULD BE POINTED OUT. THE CONSUMER'S CHOICE OF FORUM SHOULD BE TRULY VOLUNTARY. ANY CONSUMER WHO WISHES TO PURSUE A COMPLAINT IN THE COURTS SHOULD HAVE THE OPPORTUNITY TO DO SO.