U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Alternative Dispute Resolution - Who's in Charge of Mediation?

NCJ Number
89151
Date Published
1982
Length
97 pages
Annotation
Symposium presentations consider the sponsors or links of mediation programs, the backgrounds of mediators, and various types of mediation programs.
Abstract
The presentations indicate that diverse mediation program goals complicate the determination of who should sponsor a mediation program. Those emphasizing high-show rates for users of the program favor formal links to the legal system, an arrangement that typically produces high-show rates. About 30 percent of mediation programs are court-related. The judge's approval of mediation programs becomes essential for success in such a linkage, which means the program enjoys 'system' recognition. The issue of taking cases (i.e., money) from the lawyers that would otherwise be involved in the case needs to be addressed. An administrator of a community mediation program advocated community sponsorship of such programs, even though low-show rates often result, because such programs are believed to be more responsive to community concerns. One speaker suggested that under mediation programs, a new profession of lawyer-mediator is emerging, but others favor mediators coming from the ranks of social psychologists or citizen users of the program trained in mediation. Nonprofit programs appear to have as much success as other programs, with the major benefit being the use of volunteers, while the major problems are funding and marketing the program. Programs sponsored by church organizations and universities seem to offer many benefits, notably cooperation between the community, church, and academic community. Stability appears to be the most important aspect of program success, since communities must perceive that the program, regardless of its linkages, is providing an ongoing and reliable service to the community.