NCJ Number
187317
Date Published
1989
Length
0 pages
Annotation
This is the "flagship" segment of a series of videos that show actual and simulated case studies of methods used in court-based dispute resolution; this video gives viewers a summary look at how the courts use dispute resolution at every level of the justice system.
Abstract
A judge comments on his overburdened court caseload, which means an extended waiting period for the parties in dispute before the court acts. He views alternative dispute mechanisms as a benefit to both disputing parties and to the courts in avoiding the costly, time-consuming formal proceedings and relieving court caseloads. This video provides some examples of alternative dispute resolution, namely, mediation, arbitration, and a summary jury trial. The mediation program of the Justice Center of Atlanta is profiled through an actual case. Typically, mediation is used in civil cases that involve less than $3,000. With the permission of the parties involved, an actual mediation session is presented in the video. The dispute involves a homeowner who claims that the defendant, a contractor, failed to properly construct their garage, causing it to collapse. The contractor, on the other hand, claims that the collapse was due to the settling of the soil on which the garage rested, largely due to the failure of the homeowners to clean their gutters and thus avoid water drainage around the garage foundation. The mediator, a trained volunteer suggests a figure for sharing the expense of repairing the damage. The figure is accepted by both parties and they sign an enforceable agreement. Two cases of arbitration are portrayed. This involves an initial attempt to gain a voluntary agreement between the disputing parties, much in the manner of mediation, but if the parties cannot agree on a resolution, the arbitrator makes a decision, which may be appealed. The arbitration cases presented are disputes between a mall landlord and tenant regarding lease payments and a traffic accident. The final alternative dispute resolution mechanism presented is the summary trial, in which attorneys present a truncated display of the evidence and argue their cases to a jury, which then makes a determination. Summary trials tend to spur settlements between the parties prior to lengthy, costly, and unpredictable formal proceedings. The summary trial presented involves a Massachusetts case in which a chemical company is being sued by nearby neighbors who claim family members contracted leukemia from drinking water contaminated by the company.