NCJ Number
104265
Date Published
1986
Length
17 pages
Annotation
Mediated and negotiated dispute settlements are often flawed because they derive from an imbalance of power between the parties, an absence of authoritative consent, no foundation for continuing judicial involvement, and a concern for peace rather than justice in the dispute.
Abstract
Disparities in resources between disputants in a settlement will limit the poorer party's ability to obtain and analyze the information required to predict the litigation outcome and also cause the poorer party to sacrifice legal rights to obtain an immediate settlement. The poorer party may also be forced to settlement because of insufficient funds to finance litigation. Settlement is hampered when an organization or collection of individuals is involved, since authoritative consent required for the give and take of settlements is difficult to obtain. Settlement impedes ongoing judicial involvement in disputes and adjustments derived from the initial agreement, and mechanisms for enforcing settlement agreements are inadequate. Settlements often do not seek justice in the dispute but rather expediency and cost savings, which deprives society as well as the disputants of the application of justice principles embodied in case law, statues, and the U.S. Constitution. 38 notes.