NCJ Number
46216
Date Published
1978
Length
4 pages
Annotation
A COMMUNITY MEDIATION PROGRAM IN NEW YORK CITY IS DESCRIBED IN TERMS OF THE TYPES OF CASES IT SETTLES AND HOW IT SETTLES THEM.
Abstract
THIS CENTER WAS SET UP AS AN ALTERNATIVE TO THE TRADITIONAL CRIMINAL JUSTICE SYSTEM. ITS FOUNDERS WERE DISSATISFIED WITH THE RESULTS OF PRETRIAL RELEASE PROJECTS, BECAUSE SO MANY PEOPLE KEPT RETURNING IN NEW CASES. THIS COMMUNITY CENTER HANDLES CASES FROM TWO POLICE PRECINCTS IN THE HARLEM AREA AND PLANS TO EXPAND TO ALL OF MANHATTAN. IT IS SPONSORED BY LEAA AND THE INSTITUTE FOR MEDIATION AND CONFLICT RESOLUTION. INDIVIDUALS WITH A DISPUTE GO TO THE POLICE STATION, WHERE THE COMPLAINT IS REGISTERED, AND THE CASE IS REFERRED TO THE DISPUTE CENTER. THE PROCEEDINGS ARE CONFIDENTIAL AND THE RESOLUTION IS ENFORCEABLE IN CIVIL COURT. MUTUAL AGREEMENTS ARE USUALLY MADE BUT IN CASES WHERE THIS IS IMPOSSIBLE, ARBITRATION IS USED. APPROXIMATELY 70 PERCENT OF THE CASES ARE SUCCESSFULLY RESOLVED, 25 PERCENT NEVER APPEAR FOR THE HEARING, AND 5 PERCENT REFUSE THE PROCESS. THE MEDIATORS ARE VOLUNTEERS FROM THE NEIGHBORHOOD, TRAINED BY USING ROLE-PLAYING SITUATIONS. NONE OF THEM ARE LAW STUDENTS OR LAWYERS, AND SOME ARE BILINGUAL. THEY ARE PROVIDED WITH VERY LITTLE BACKGROUND MATERIAL ON THE CASE, SO THAT THE PARTIES ARE GIVEN A FAIR CHANCE TO EXPLAIN THEIR PROBLEM. THE AWARDS OR AGREEMENTS USUALLY FALL INTO THE CATEGORIES OF COMMUNICATIONS, WHERE INCREASED COMMUNICATION BETWEEN THE PARTIES IS RECOMMENDED, OR PRIVACY AND DISCRETION, WHERE LESS COMMUNICATION AND MORE PRIVACY IS RECOMMENDED. THE CENTER ALSO HANDLES DISPUTES OVER ILLEGAL ACTIVITIES, SUCH AS GAMBLING DEBTS OR COMPLAINTS OF ILLEGAL ALIENS. A POLICE OFFICER SERVES AS A LIAISON BETWEEN THE POLICE STATIONS AND THE DISPUTE CENTER. THERE ARE ALSO SOCIAL WORKERS ON THE STAFF WHO REFER CASES TO SOCIAL SERVICE AGENCIES. (BAC)