ARBITRATION AS AN ALTERNATIVE TO THE PRIVATE CRIMINAL WARRANT AND OTHER CRIMINAL PROCESSES - THE FOUR-A PROGRAM

• NCJ Number: 53514
• Author(s): ANON
• Date Published: 1978
• Length: 9 pages
• Corporate Author: American Arbitration Assoc, Rochester Regional Office
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE WORK OF THE ROCHESTER, N.Y., OFFICE OF THE COMMUNITY DISPUTE SERVICES OF THE AMERICAN ARBITRATION ASSOCIATION IS DESCRIBED. THE PROGRAM ATTEMPTS TO RESOLVE MINOR CRIMINAL COMPLAINTS AND NEIGHBORHOOD DISPUTES.

Abstract

THE PRIVATE WARRANT AND THE MINOR NEIGHBORHOOD CRIMINAL COMPLAINT USUALLY ARISE FROM DEEP RESENTMENTS AND PROBLEMS OF HUMAN NATURE WHICH THE CRIMINAL JUSTICE IS ILL-EQUIPPED TO HANDLE. THIS PAPER DESCRIBES THE PROCESS BY WHICH SUCH COMPLAINTS ARE CHANNELED, WITH THE CONSENT OF BOTH PARTIES, INTO ARBITRATION. IF EITHER PARTY IS DISSATISFIED, COURT REMEDIES ARE STILL AVAILABLE. THE HEARINGS ARE INFORMAL, CONFIDENTIAL, AND OFFER EACH PARTY A FULL OPPORTUNITY TO TESTIFY. THE ARBITRATOR TRIES TO WORK OUT A LASTING AGREEMENT TO WHICH EACH PARTY FEELS HE OR SHE CAN REMAIN ACCOUNTABLE. THE RULES OF THE HEARING, WHICH ARE DESIGNED TO ASSURE COURTESY AND RESPECT, ARE BRIEFLY REVIEWED. IF AN AGREEMENT CANNOT BE REACHED AT THE HEARING, THE ARBITRATOR RENDERS A DECISION, USUALLY AFTER A FEW DAYS. THE COURT RETAINS A COPY OF THE AGREEMENT AWARD AND, IF EITHER PARTY VIOLATES THE TERMS OF THE AGREEMENT, CONTEMPT PROCEEDINGS CAN FOLLOW. THE PROCEDURE FOR PROSECUTING VIOLATIONS IS BRIEFLY DESCRIBED. THE PROGRAM PROCESSED ABOUT 2,400 CASES BETWEEN 1973 AND THIS REPORT, DATED 1978. RESULTS HAVE BEEN ENCOURAGING. (GLR)