Disputes and the Criminal Justice System

• NCJ Number: 87234
• Journal: Wisconsin Sociologist Volume: 17 Issue: 4 Dated: (1980) Pages: 91-102
• Author(s): J Ladinksy
• Date Published: 1980
• Length: 12 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Address presented on Criminal Justice Day at the University of Wisconsin-Eau Claire, April 23, 1979.

Annotation

This report outlines the patterns of consumer and criminal dispute processing in Milwaukee, Wis.

Abstract

For the purpose of the study, a dispute is defined as an interpersonal problem or disagreement sufficiently serious to reach a third party in an attempt to resolve it. The study has found that in consumer disputes there is a referral system equivalent to what is referred to in the medical literature as a lay referral system. This system involves informal primary brokers: a network of personal consultants who assist the consumer in defining the problem and in taking it to some person of more formal authority who might further help in the resolution of the problem. These lay persons acting as informal 'gatekeepers' include family members, friends, coworkers, clergy, employers, etc. Within this system, the variables that influence the defining and helping process are (1) the extent to which the product or service defect is perceived as serious, (2) the availability of relevant information, (3) the presence of personality traits that would lead a person either to deny or exaggerate the existence of a problem, (4) the existence of more rational impulses, (5) the presence of competing interpretations of the problem, and (6) the availability of easy and cheap remedies for the problem. In Milwaukee, there were found to be many organizations that play some role in the secondary brokerage network, which is involved as dispute processing moves into the formal stage. Whereas, the informal brokers generally have time to listen to consumer complaints but have little expertise in helping to resolve them, the formal brokers have the expertise but little time or resources to expend on any one complaint. Thus far, nine major dispute processing forums have been identified, plus four arbitration panels. The forums range from the Better Business Bureau and TV and newspaper ombudsmen, to small claims court and the district attorney's consumer fraud program. The study has not yet identified how consumers get channeled to the different forums. Some dispute processing assistance in criminal areas include victim and witness assistance programs and diversion programs that focus on informal mechanisms for resolving disputes, such as the neighborhood justice centers. Ten references are listed.