NCJ Number
46213
Date Published
1978
Length
3 pages
Annotation
CITIZEN DISPUTE RESOLUTION WITHIN THE COMMUNITY IS SUGGESTED AS A POSSIBLE ALTERNATIVE IN RESOLVING MINOR DISPUTES WHICH THE COURTS PRESENTLY HANDLE.
Abstract
DISPUTES BETWEEN PEOPLE, ESPECIALLY ONES WHO KNOW EACH OTHER, HAVE ALWAYS BEEN A PROBLEM FOR THE TRADITIONAL COURT SYSTEM. THESE CASES INVOLVE A GREAT DEAL OF TIME IN CRIMINAL COURT. THERE ARE ALSO MANY CASES WHICH NEVER GO TO COURT BECAUSE OF THEIR PETTY NATURE. COURTS HAVE CEASED SERVING AS ADEQUATE FORUMS FOR THE RESOLUTION OF 'PEOPLE' DISPUTES. COURTS IN THE UNITED STATES WERE ORIGINALLY INTENDED TO SETTLE GRIEVANCES, BUT THEY WERE FORCED TO RESPOND TO THE DEMANDS OF MASS SOCIETY AND MASS ECONOMY. THE COURTS WERE ONCE SEEN AS THE ONLY LEGITIMATE REVIEW PLACE FOR MINOR CLAIMS, ALTHOUGH THIS VIEW IS CHANGING. INDIVIDUALS HAVE NO ALTERNATIVE, OTHER THAN SMALL CLAIMS COURT, FOR SUING BUSINESSES. CITIZEN DISPUTE RESOLUTION IS AN ATTEMPT TO RETURN THE 'OWNERSHIP' OF DISPUTES TO THE PEOPLE THROUGH AN INFORMAL PROCESS. COMMUNITY MEMBERS ARE ENCOURAGED TO BRING THEIR DISPUTES TO THE NEIGHBORHOOD-BASED CENTER. THERE, AN INFORMAL HEARING WITH A COMMUNITY MEDIATOR CAN RESOLVE THE DISPUTE. THE HEARING IS NOT INTENDED TO ASSESS FAULT, ONLY TO ACHIEVE HARMONY BETWEEN THE PARTIES INVOLVED. A COMMUNITY IS CONSIDERED TO BE A GROUP OF PEOPLE WITH THE SAME INTERESTS. THE COMMUNITY DISPUTE RESOLUTION CENTER KEEPS THE PROBLEM IN ITS OWN SOCIAL CONTEXT, THEREBY INSURING A MORE EQUITABLE SOLUTION. COMMUNITIES CAN ALSO JOIN TOGETHER TO BOYCOTT A BUSINESS PROVIDING UNSATISFACTORY SERVICE. THIS USE OF CITIZEN CENTERS MAY STRENGTHEN EXISTING COMMUNITIES. (BAC)