NCJ Number
89838
Date Published
1982
Length
11 pages
Annotation
In addition to discussing the importance of screening in selecting appropriate domestic violence cases for mediation, this paper considers the state-of-the-art of dispute mediation programs, evaluation results for 13 mediation programs, and the status and purposes of legislation bearing upon alternative dispute resolution mechanisms.
Abstract
The focus on the screening of complaints has intensified as it has become clear that not all complaints, particularly in the area of domestic violence, are appropriate for mediation. The American Bar Association's Special Committee on Alternative Means of Dispute Resolution is planning to establish two pilot projects that use a sophisticated screening device for complaints. The concept envisions a central center where citizens can register almost any type of complaint. The center staff, which will be trained in communication and crisis intervention skills, will assist the parties in diagnosing the complaint and referring it to the appropriate dispute resolution process, which may be conciliation, mediation, arbitration, factfinding, or adjudication. A survey of 180 programs considered to be alternative dispute resolution mechanisms found diversity in the areas of the size of the city served, length of time in existence, annual budget, caseload, and referral sources. All programs have the central goal of helping citizens resolve their disputes effectively, expeditiously, and with compassion. Evaluation results show the programs to be viewed favorably by disputants, as they yield a high rate of agreements. Eighteen States have either passed or plan to introduce dispute resolution bills bearing upon funding, legal issues, and the legitimacy of the mediation process.