NCJ Number
92439
Date Published
1983
Length
8 pages
Annotation
Extensive court delays in a period of recession make prompt and relatively inexpensive consumer dispute resolution even more imperative; consumer arbitration supported by local legal networks can help achieve this.
Abstract
Recent research by the National Center for State Courts indicates that court delays are caused by the 'informal attitudes, expectations, and practices of all members of a legal community,' the so-called 'local legal culture.' The same problem appears in arbitration as well as litigation. When the advocates expect the process to operate at a leisurely pace, their expectations are fulfilled. Where the local legal culture makes a commitment to quick processing, the pace of dispute resolution can be swift. Corporations, government agencies, and group legal service programs should insist upon speedy justice, demanding it from their own attorneys. Such pressures should result in greater emphasis on preventive law, the use of effective negotiating techniques, and nonjudicial dispute settlement systems such as conciliation and arbitration. Where claims are filed against institutions represented by salaried lawyers or executives, nonjudicial arbitration or mediation systems may be appropriate. Many such systems are already in place in the areas of automobile personal injury claims, homeowner warranty claims, claims against household movers, health care complaints, and equipment-leasing contract grievances.