NCJ Number
87154
Date Published
1982
Length
84 pages
Annotation
This study compares American and Australian dispute processing in seven categories of grievance which are potentially litigable.
Abstract
Study data came from household dispute surveys: one conducted in the United States in 1980 and the other conducted in Australia in 1981-82. The categories of grievances common to both surveys were tort, consumer, discrimination, property, landlord, government, and post-divorce. The general disputing pyramids of both countries (as shaped by levels of claiming, disputing, lawyer use, and court filings) proved to be strikingly similar. The major difference was that Australians may be slightly more prone to complain, while Americans appear to be more ready to resort to litigation. Within particular problem areas (e.g., tort and post-divorce problems), the similarities between the countries were also striking. Some particular differences between the results in the two countries are likely to be related to cultural and institutional differences. Overall, the type of problem involved (e.g., tort, discrimination) and certain qualities of the situations (such as whether a claim is made for a monetary sum) offer the most powerful explanations for various aspects of disputing behavior. Surprisingly, there are only slight indications of association between the various aspects of disputing behavior and household and class-related factors such as the age and education levels of household head. The study also explored some of the macro-sociological implications of various shapes of dispute pyramids. Tabular data and 39 references are provided. (Author abstract modified)