NCJ Number
54979
Date Published
1978
Length
80 pages
Annotation
A PROGRAM OF DISPUTE SETTLEMENT OR CONFLICT RESOLUTION IS DESCRIBED THAT IS INTENDED TO IMPROVE THE EXISTING JUDICIAL SYSTEM AND STRENGTHEN SUCH ALTERNATIVES TO THE FORMAL JUDICIAL SYSTEM AS ARBITRATION AND CONCILIATION.
Abstract
PROBLEMS AFFECTING THE WORKLOAD OF THE JUDICIARY WITH RESPECT TO DISPUTE SETTLEMENT ARE INFLATION, UNEMPLOYMENT, POVERTY, RACE, EQUAL EDUCATION, AND CONSUMER AND ENVIRONMENTAL PROTECTION. THE EXPANDED SCOPE OF JUDICIAL RESPONSIBILITY TO DEAL WITH COMPLEX DISPUTES ACCOUNTS FOR SOME OF THE GROWING PRESSURE ON THE JUDICIARY AND THE INCREASED WORKLOAD OF COURTS. THIS SIGNIFICANT INCREASE IN THE USE OF COURTS TO SETTLE DISPUTES, AT BOTH STATE AND FEDERAL LEVELS, IS INDICATIVE OF SOCIAL PRESSURE. THERE HAS ALSO BEEN A SUBSTANTIAL INCREASE IN THE NUMBER AND WORKLOAD OF ADMINISTRATIVE AGENCIES. TO AID THE JUDICIARY AND ADMINISTRATIVE AGENCIES, VARIOUS APPROACHES HAVE BEEN EMPLOYED, INCLUDING INNOVATIVE TECHNIQUES TO ALTER THE TRADITIONAL ADVERSARY PROCEDURE, REVIVED INTEREST IN SPECIALIZED COURTS THAT BYPASS SOME TRADITIONAL ADJUDICATIVE PROCEDURES, EFFORTS TO PROMOTE COURT SETTLEMENTS IN A SPEEDY MANNER, ECONOMIC INCENTIVES THAT ENABLE PARTIES TO SUBMIT BINDING OFFERS PRIOR TO TRIAL, AND ENHANCED COURT MANAGEMENT PROCEDURES. THE EFFICACY OF JUDICIAL REVIEW AND ADMINISTRATIVE AGENCIES IS QUESTIONED, AND THE APPROPRIATENESS OF MEDIATION, ARBITRATION, AND INVESTIGATIVE ADJUDICATION AS SUBSTITUTES FOR THE USE OF COURTS IN DISPUTE SETTLEMENT IS SUPPORTED. PROMISING ALTERNATIVES ARE DETAILED, INCLUDING WAYS OF STRENGTHENING THE CAPACITY OF EXISTING COURT INSTITUTIONS AND AGENCIES (ECONOMIC INCENTIVES, REDUCING DELAY, ADMINISTRATIVE REVIEW, AND REFORM OF AGENCY RULEMAKING AND MANAGEMENT PROCEDURES) AND ALTERNATIVES OUTSIDE THE FORMAL JUDICIAL SYSTEM (ARBITRATION, CONCILIATION, CONSUMER SYSTEM IN SWEDEN, AND PRIVATE INITIATIVES). THE ROLE OF THE FORD FOUNDATION IN DISPUTE SETTLEMENT AND REFORMS RECOMMENDED BY IT ARE DISCUSSED.