DISPUTE RESOLUTION ACT - HEARINGS BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, 95TH CONGRESS, 2ND SESSION, S 957, JULY 27, AUGUST 2, 1978

• NCJ Number: 59623
• Author(s): ANON
• Date Published: 1978
• Length: 656 pages
• Corporate Author: US Congress
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

TESTIMONY PRESENTED TO THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE INDICATED SUPPORT AND CRITICISM OF THE PROPOSED DISPUTE RESOLUTION ACT.

Abstract

RECOGNIZING THAT TWO-THIRDS OF THE CITIZENS DO NOT HAVE ACCESS TO THE COURTS, THE CONGRESS PROPOSED LEGISLATION THAT WOULD CREATE DISPUTE RESOLUTION MECHANISMS FOR CONSUMER CONTROVERSIES AND OTHER TYPES OF DISPUTES WHICH INVOLVE RELATIVELY SMALL AMOUNTS OF MONEY. PROPOSED STATUTES WOULD MANDATE A DISPUTE RESOLUTION RESOURCE CENTER THAT WOULD SERVE AS A CLEARINGHOUSE FOR INFORMATION ON THE IMPROVEMENT OF THE MECHANISMS, AND UNDERTAKE SURVEYS OF PRIVATE AND STATE MECHANISMS; SUCH SYSTEMS WERE SUPPORTED BY A SENATOR AND THE ASSISTANT ATTORNEY GENERAL. THE PROPOSED SYSTEM WOULD BUILD UPON THE NEIGHBORHOOD JUSTICE CENTERS WHICH UTILIZE CITIZEN MEDIATORS TO DEAL WITH PROBLEMS SUCH AS LANDLORD-TENANT DISPUTES. ALTHOUGH RECOGNIZING THAT THE PROPOSED SYSTEM WOULD BE AN IMPROVEMENT OVER THE SMALL CLAIMS COURTS, THE DIRECTOR OF THE PUBLIC CITIZENS' CONGRESS WATCH STATED THAT THE PROGRAM SHOULD NOT BE DILUTED BY THE PARTICIPATION OF BUSINESS PLAINTIFFS, OR BY THE INVOLVEMENT OF NONECONOMIC ISSUES. THE DIRECTOR OF THE COMMUNITY BOARD PROGRAM, HOWEVER, SUGGESTED THAT THE RESOLUTION SYSTEM BE EXPANDED TO HANDLE MINOR CRIMINAL CASES, RATHER THAN BE LIMITED TO CONSUMER AFFAIRS. APPENDED MATERIALS CITE EXAMPLES OF DISPUTE RESOLUTION PROGRAMS IN FLORIDA AND EUROPE, AND PROVIDE THE TEXT OF THE PROPOSED STATUTES.