NCJ Number
103248
Date Published
1985
Length
26 pages
Annotation
A 1980 survey of selected residents in Russian, Polish, and Bulgarian communities revealed factors that influence individuals' preferences for various types of dispute settlement mechanisms.
Abstract
The various forms of dispute settlement preferred were classified as the formalized rigoristic type (criminal justice system), a formalized tolerant type (civil proceeding), an informal rigoristic type ('kangaroo court'), and an informal tolerant type (mediation). Preference for dispute settlement types was related to respondent individual characteristics (age and educational level), type of community, type of dispute, and cultural conditioning. Older, uneducated respondents preferred formalized rigoristic settlements; older, educated persons preferred formalized tolerant settlements; young, uneducated formalized tolerant settlements; young, uneducated respondents favored informal rigoristic mechanisms; and young, educated persons preferred informal tolerant dispute settlement. Disputes involving moral values and strong feelings held by the disputants were generally channeled into criminal justice mechanisms. Disputes involving property interests not associated with strong moral principles were usually channeled into less formal settlement mechanisms. Stable, traditional communities tended to prefer informal mechanisms, and modern communities emphasized formal settlements. Cultural preferences for dispute settlement mechanisms influenced individual preferences. 10 tables and 18 notes.