NCJ Number
63458
Journal
Clearinghouse Review Volume: 13 Issue: 8 Dated: (DECEMBER 1979) Pages: COMPLETE ISSUE
Date Published
1979
Length
15 pages
Annotation
THIS ARTICLE PROVIDES INFORMATION ON ALTERNATIVE METHODS FOR HANDLING DISPUTES TO ACHIEVE JUSTICE FOR THE POOR AND TO STIMULATE DEBATE ON NONJUDICIAL DISPUTE RESOLUTION IN THE LEGAL SERVICES COMMUNITY.
Abstract
EMERGING MODELS FOR PROCESSING DISPUTES INCLUDE MEDIATION, ARBITRATION, AND THEIR VARIATIONS AND NONJUDICIAL COMMUNITY DEVICES SUCH AS DISPUTE CENTERS, INSTITUTIONAL GRIEVANCE PROCEDURES, CONSUMER CONCILIATION, GOVERNMENT-SPONSORED MEDIATION, CONSUMER ARBITRATION, AND COURT-ANNEXED ARBITRATION. SUPPORTERS OF NONJUDICIAL FORUMS OFTEN HAVE VARYING, SOMETIMES UNSTATED, OBJECTIVES -- MORE EFFICIENT COURTS, WIDER CITIZEN ACCESS TO TRIBUNALS FOR COMPLAINT RESOLUTION, REDUCTION OF CONFLICT, AND USE OF THE LEGAL SYSTEM TO FURTHER SOCIAL, ECONOMIC, AND POLITICAL CONCEPTIONS OF EQUAL JUSTICE. POTENTIAL EFFECTS OF NONJUDICIAL RESOLUTION INCLUDE GREATER COURT EFFICIENCY, GREATER COURT ACCESS FOR THE POOR, MORE CONFLICT RESOLUTION, AND A GREATER DEGREE OF SOCIAL AND ECONOMIC JUSTICE BETWEEN INDIVIDUALS AND LARGE ORGANIZATIONS; GROUPINGS OF INDIVIDUALS AND COMPLAINTS; AND REFORM OF SYSTEMIC SOCIAL AND ECONOMIC PROBLEMS. EVALUATIONS SHOULD CONSIDER THE EFFECTS OF PROCEDURAL PROTECTION, PARTICIPATION OF PARTIES, TIME, ENFORCEABILITY, MEANS OF ADJUDICATION, THE ROLE OF COERCION IN ASSESSING RESULTS OF VARYING DISPUTE RESOLUTIONS, AND THE RELATIONSHIP OF LEGAL SERVICES.