NCJ Number
59178
Journal
VITAL ISSUES Volume: 24 Issue: 3 Dated: (NOVEMBER 1974) Pages: COMPLETE ISSUE
Date Published
1974
Length
4 pages
Annotation
THE NATIONAL CENTER FOR DISPUTE SETTLEMENT APPLIES TRADITIONAL TECHNIQUES OF MEDIATION AND ARBITRATION TO THE PROMOTION OF NONVIOLENT RESOLUTION OF COMMUNITY AND BUSINESS PROBLEMS.
Abstract
THE NEED FOR DISPUTE SETTLEMENT SERVICES CONTINUES DURING THE 1970'S AS DEMONSTRATIONS AND STRIKES HAVE RECEDED ONLY TO GIVE WAY TO A QUIET BUT INSISTENT DEMAND BY FORMERLY POWERLESS GROUPS FOR A SHARE IN THE DECISIONMAKING WHICH AFFECTS THEIR LIVES. THE NATIONAL CENTER FOR DISPUTE SETTLEMENT (NCDS) OF THE AMERICAN ARBITRATION ASSOCIATION IS UNIQUELY EQUIPPED TO DEVISE MECHANISMS FOR ENSURING THAT INSTITUTIONS INCLUDING UNIVERSITIES, SCHOOLS, MERCHANTS, AND PRISONS CAN DEAL WITH GRIEVANCES AND HAVE A DEMOCRATIC SYSTEM OF POLICYMAKING. THE NCDS USES ARBITRATION METHODS SIMILAR TO THOSE DEVELOPED FOR LABOR NEGOTIATIONS. THE LABOR MODEL'S APPLICATION OF BINDING ARBITRATION HAS SETTLED SUCH ISSUES AS THE RIGHT OF EMPLOYEES TO PROMOTION AND THE SHARING OF OVERTIME. THE TECHNIQUES OF THIS MODEL HAVE BEEN SUCCESSFULLY APPLIED TO LEGAL DISPUTES, AND HAVE KEPT THOUSANDS OF AUTOMOBILE ACCIDENT CASES OUT OF THE COURT SYSTEM. ALTHOUGH MANY NCDS PROJECTS HAVE INVOLVED CRISIS MANAGEMENT, INCREASINGLY ITS PROGRAMS FOCUS ON PREVENTIVE MEDIATION, AND THE TRAINING OF PERSONNEL IN COMMUNITIES IN THE METHODS OF NEGOTIATION. IN PHILADELPHIA, PA., THE NCDS ESTABLISHED A SPECIAL COURT TO WHICH JUDGES MAY REFER CASES THAT WOULD OTHERWISE REQUIRE FORMAL ADJUDICATION. GRIEVANCE MECHANISMS IN PRISONS HAVE BEEN ABLE TO PREVENT MINOR IRRITATIONS FROM BECOMING VIOLENT CONFRONTATIONS. SEVERAL LARGE DEPARTMENT STORES HAVE PARTICIPATED IN PILOT PROJECTS IN WHICH ARBITRATION IS OFFERED TO CUSTOMERS WHO REMAIN DISSATISFIED AFTER SETTLEMENT OFFERS. BIBLIOGRAPHY IS PROVIDED.