NCJ Number
107774
Date Published
1985
Length
42 pages
Annotation
This analysis focuses on three basic forms of dispute resolution -- conventional litigation, structured arbitration, and community-based mediation -- and recommends the expansion of the use of community-based dispute settlement centers in North Carolina.
Abstract
Litigation has many strengths, but it is often slow and expensive and can be used to delay or even avoid a resolution. Arbitration is generally less formal and faster than litigation, but it does require the use of a third party to render a decision. Court-ordered arbitration involves a mandatory referral by a judge. In mediation, an impartial third party facilitates dispute resolution. It is inexpensive and emphasizes improving future behavior rather than judging past behavior. Additional alternatives for dispute settlement are available in North Carolina. The State's 10 dispute settlement centers use trained volunteers to mediate disputes and have been quite successful. Development of more such centers should be encouraged. Procedures such as child custody mediation, summary jury trials, and minitrials should also be investigated more thoroughly. A pilot project should also be initiated to introduce court-ordered arbitration in three judicial districts. Referrals would be mandatory for civil cases involving $15,000 or less. Arbitrators would be members of the bar. Following the arbitrator's award and upon payment of the arbitrator's fee, an unsatisfied party would have a right to a trial. Footnotes, endnotes, and appended tables, figures, and 42 references. (Author summary modified)