NCJ Number
135610
Journal
Justice System Journal Volume: 14 Issue: 2 Dated: (1991) Pages: 123-264
Editor(s)
K Boyum
Date Published
1991
Length
142 pages
Annotation
This special issue describes recent implementations of State court-annexed arbitration (CAA) programs in Colorado, Georgia, Hawaii, New Jersey, and North Carolina.
Abstract
CAA is one of a set of alternative dispute resolution mechanisms increasingly used to divert a portion of civil cases from the dockets of overloaded State and Federal trial courts. In CAA, State statutes or court rules establish criteria that identify cases eligible for arbitration. Disputants whose cases fit these criteria must participate in arbitration as a prerequisite to trial. The five State CAA programs described display the full range of variation among State CAA programs. Two programs operate statewide, and the rest have been implemented in only particular courts, either by local option or under State mandate. Jurisdictional dollar limits range from a low of $15,000 in North Carolina to 10 times that amount in the Hawaii program. Most programs have some subject matter limitations. Discovery is limited in three of the programs. Procedural time limits are strictly enforced in some jurisdictions but not in others. Court personnel play a strong oversight role in some programs; in others, the court takes a hands-off approach to the management of cases diverted to arbitration. Rules regarding the use and compensation of arbitrators in these five States also reflect the differences in programs across the Nation. Extensive tables and footnotes