NCJ Number
61155
Date Published
1978
Length
111 pages
Annotation
PROCEDURES FOR INCREASING CITIZENS' ACCESS TO DISPUTE RESOLUTION MECHANISMS IN THE UNITED STATES ARE DISCUSSED.
Abstract
THE HIGH COST OF COURT LITIGATION IN THE UNITED STATES MAKES IT IMPOSSIBLE FOR LOW-INCOME PERSONS AND MANY IN THE MIDDLE CLASS TO RESOLVE DISPUTES THROUGH THE COURTS. THE AFFLUENT ARE ALSO RELUCTANT TO USE THE COURTS BECAUSE COURT COSTS OFTEN EXCEED THE AMOUNT COLLECTED. WHILE GOVERNMENT SUBSIDIZATION OF LITIGATION EXISTS IN MANY JURISDICTIONS FOR THOSE UNABLE TO PAY LEGAL COSTS, 80 OR 90 PERCENT OF LOW-INCOME LITIGANTS ARE STILL REQUIRED TO PAY ALL LITIGATION EXPENSES. CURRENTLY, COSTS ARE BEING REDUCED BY PROVIDING SPECIAL OR SIMPLIFIED PROCEDURES IN REGULAR COURTS FOR CERTAIN CATEGORIES OF DISPUTES. SUCH PROCEDURES INCLUDE THE SUMMARY JUDGMENT PROCEDURE, PRETRIAL CONFERENCES, AND SPLIT TRIALS (THOSE WHICH SEPARATE THE ISSUES OF LIABILITY AND DAMAGES). THE CREATION OF SPECIAL COURTS, SUCH AS SMALL CLAIMS COURTS, HOUSING COURTS, AND CONCILIATION COURTS HAVE ALSO HELPED REDUCE COSTS IN CERTAIN AREAS OF LITIGATION, ALONG WITH PROVIDING FOR COMPULSORY AND VOLUNTARY RESOLUTIONS OF DISPUTES THROUGH FORUMS OUTSIDE THE FORMAL JUDICIAL PROCESS. MODIFICATIONS IN SUBSTANTIVE LAW IN SUCH AREAS AS LANDLORD-TENANT RELATIONS, DIVORCE, AND VEHICULAR ACCIDENTS HAVE REVISED COMPLEX LITIGATION PROCEDURES WHICH HAD PRODUCED HIGH PROCESSING COSTS. THE CONSOLIDATION OF INDIVIDUAL CLAIMS AND COURT ACTION IN THE PUBLIC INTEREST HAVE MADE IT POSSIBLE FOR INDIVIDUALS TO BENEFIT FROM COURT ACTIONS WITHOUT BEARING EXCESSIVE COSTS. FOOTNOTES, SAMPLE FORMS, AND TABULAR DATA ARE PROVIDED. (RCB)