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Dispute Resolution - Settling Conflicts Without Legal Action

NCJ Number
81413
Author(s)
T S Denenberg; R V Denenberg
Date Published
1981
Length
29 pages
Annotation
This pamphlet is designed to inform the public about such noncourt alternative dispute settlement techniques as arbitration, mediation, the use of neighborhood justice centers, and ombudsmen.
Abstract
In mediation, impartial persons help antagonists reach their own agreement. In arbitration, impartial persons are given the authority to determine the outcome. The arbitrator's proper role is to make a just decision based on the merits of the case presented by each side. An arbitration hearing often costs as little as $150 and can be completed within hours. The arbitrator is often an expert in the matter under dispute, although anyone agreeable to both sides may serve. Arbitration is being used to deal with consumer problems, medical malpractice claims, and landlord-tenant disputes. Arbitration of grievances under existing collective bargaining agreements, most commonly called 'Rights Arbitration,' is used in labor cases. Neighborhood justice centers are increasingly being used to handle domestic quarrels and neighborhood squabbles. Ombudsmen have been established in such settings as government bureaucracies, universities, and nursing homes to help citizens deal with their grievances against the agencies. Ombudsmen have no enforcement power but exercise strong moral authority. Private organizations and government agencies involved in alternative dispute resolution are listed. Case examples of disputes are also provided.