NCJ Number
43955
Date Published
1977
Length
17 pages
Annotation
THE ROLE OF THE COMMUNITY RELATIONS SERVICE (CRS) OF THE U.S. DEPARTMENT OF JUSTICE AS A THIRD-PARTY INTERMEDIARY IN CIVIL RIGHTS-RELATED CASES IS DISCUSSED BY A FEDERAL MEDIATOR ASSIGNED TO THE SOUTHWEST REGIONAL OFFICE.
Abstract
CREATED AS PART OF THE 1964 CIVIL RIGHTS ACT, CRS IS CHARGED TO RENDER ASSISTANCE IN RACIAL AND ETHNIC DISPUTES REPRESENTING A THREAT TO THE PEACEFUL RELATIONS AMONG THE CITIZENS OF A COMMUNITY. CRS DEALS WITH CONFLICTS INVOLVING THE POLICIES OR PRACTICES OF INSTITUTIONS, RATHER THAN WITH INDIVIDUAL CLAIMS OF CIVIL RIGHTS VIOLATIONS. ALTHOUGH ACTIVITY HAS CENTERED ON PUBLIC AGENCY PROBLEMS, FEDERAL MEDIATORS HAVE DEALT WITH PROBLEMS FROM THE PRIVATE SECTOR AS WELL. IN CONTRAST TO TRADITIONAL FEDERAL ROLES OF INVESTIGATION, PROSECUTION, AND COMPLIANCE REVIEW, CRS HAS PROVIDED PARTIES IN CONFLICT WITH THE OPPORTUNITY, AND IN SOME CASES THE MOTIVATION, TO RESOLVE THEIR DIFFERENCES THROUGH VOLUNTARY, NONCOERCIVE NEGOTIATION. ONE OF THE EARLIEST CRS INITIATIVES WAS A SERIES OF PERSONAL CONTACTS WITH FEDERAL JUDGES, IN WHICH THE JUDGES WERE INVITED TO CONSIDER REFERRAL OF APPROPRIATE LITIGANTS FOR MEDIATION DURING PRETRIAL STAGES. AT THE SUGGESTION OF ONE JUDGE, FEDERAL MEDIATORS BECAME INVOLVED IN DISPUTES BETWEEN INMATES AND ADMINISTRATORS AT THE LOUISIANA STATE PENITENTIARY AT ANGOLA, SINCE THE ANGOAL CASE, THE MEDIATORS HAVE BEEN CALLED UPON BY THE FEDERAL COURTS TO INTERVENE IN A NUMBER OF LAWSUITS BROUGHT BY INMATES. FEDERAL MEDIATORS HAVE ALSO BEEN SUCCESSFUL IN HANDLING CASES IN THE AREAS OF PUBLIC EDUCATION, LAW ENFORCEMENT, INDIAN RIGHTS, AND ECONOMIC/COMMUNITY DEVELOPMENT, AMONG OTHERS. THE POTENTIAL CONTRIBUTIONS OF COMMUNITY DISPUTE MEDIATION UNDER FEDERAL AUSPICES ARE NOTED. FEDERAL COURT OPINIONS CITING THE EFFECTIVENESS OF FEDERAL MEDIATION ARE INCLUDED.