NCJ Number
93146
Date Published
1981
Length
19 pages
Annotation
The major alternatives to court and to trial for civil cases are the use of court-annexed arbitration, the use of adjudication by someone other than a full-time judge, and the growing mediation movement, which tries to avoid the adversarial model.
Abstract
The first two programs try to resolve more traditional forms of commercial and tort litigation. Cases affected usually entail money damages and involve lawyers both in prosecution and in deciding cases. In contrast, the justice mediation programs do not rely as heavily on the formalities of the traditional legal system. Their main case types deal with complaints involving persons with continuing relationships, such as family members, neighbors, and friends. Lawyers are generally not required. In 1981, the American Bar Association Special Committee on Resolution of Minor Disputes identified 141 dispute resolution programs. Program sponsors included courts, mayors' offices, bar associations, prosecutors' offices, private foundations, private citizens, and consumer groups. The programs deal with a wide variety of both criminal and civil matters. Disputants generally view the mediation process as fair and effective. Program-related issues requiring further consideration are the cost-effectiveness of these programs, possible coerciveness of the centers, mediation by unequal parties, and the question of whether these projects will be regarded as an inferior form of justice. Additional issues requiring consideration, a discussion of the role of judges and lawyers in these centers, and an annotated list of 24 references are included.