NCJ Number
97336
Journal
Peace and Change Volume: 8 Issue: 2/3 Dated: special issue (Summer 1982) Pages: 117-128
Date Published
1982
Length
12 pages
Annotation
In discussing the need for alternative dispute resolution programs and tracing the historical background of this movement, this article presents a step-by-step model for a mediator's performance and descriptions of current programs. Evaluative information on existing programs is included along with comments on the future of alternative dispute resolution.
Abstract
The growth of alternative dispute resolution programs from 3 in 1971 to over 180 in 1982 has resulted from the overburdening of the courts, the effectiveness of established programs, and the programs' ability to deal with the whole conflict rather than with a particular legal infraction. Both legal agencies and legal professionals have helped foster the development of programs. The mediation process has six stages: the introduction, when the atmosphere and ground rules are established; problem determination, when the basic information is presented; problem identification, when the precipitating problem is defined; generation and evaluation of alternatives for resolving the situation; selection of alternatives; and specification of the terms of the agreement. The existing programs vary widely in their sponsorship, approaches used, types of cases, and the resolvers of the disputes. Some programs are tied to the legal system, and others are more closely tied to the community. Evaluations of several programs have shown that disputants view the mediation process as fair, that both parties appear for mediation at higher rates for court-annexed programs than for community-based centers, and that 79-90 percent of the disputes result in an agreement once the disputants arrive at the justice centers. Eighteen States have either passes or are planning to introduce dispute resolution bills. State legislation may help resolve several issues: funding, legal issues, and the legitimacy of the process. However, citizen support is the most vital element of the success of the centers. Twenty-seven references are listed.