NCJ Number
55367
Journal
Loyola of Los Angeles Law Review Volume: 11 Issue: 3 Dated: (JUNE 1978) Pages: 485-491
Date Published
1978
Length
7 pages
Annotation
SENATOR EDWARD M. KENNEDY OUTLINES THE PROVISIONS OF FEDERAL LEGISLATION DESIGNED TO ENCOURAGE THE DEVELOPMENT OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS.
Abstract
THE GOAL OF THE DISPUTE RESOLUTION ACT (S. 957, 95TH CONGRESS, 1ST SESSION, 1977) IS TO PROVIDE ALL PERSONS WITH CONVENIENT ACCESS TO EFFECTIVE, FAIR, INEXPENSIVE, AND EXPEDITIOUS MECHANISMS FOR RESOLVING DISPUTES. THE BILL PROVIDES FOR THE CREATION OF A DISPUTE RESOLUTION RESOURCE CENTER WITHIN THE U.S. DEPARTMENT OF JUSTICE. THE CENTER'S MAJOR FUNCTION WOULD BE TO OFFER INFORMATION AND TECHNICAL ASSISTANCE TO JURISDICTIONS AND ORGANIZATIONS WISHING TO EXPERIMENT WITH DISPUTE RESOLUTION MECHANISMS. THE BILL ALSO PROVIDES FOR $15 MILLION IN FEDERAL FUNDING TO STATES, LOCALITIES, AND NONPROFIT ORGANIZATIONS FOR THE ESTABLISHMENT OF DISPUTE RESOLUTION PROJECTS. THESE PROJECTS COULD IN MANY CASES COMPLEMENT EXISTING ADJUDICATIVE MECHANISMS, SUCH AS SMALL CLAIMS COURTS. THE COURTS THEMSELVES MIGHT WISH TO EXPERIMENT WITH SUCH THINGS AS EXTENDED HOURS, DECENTRALIZED 'MINICOURTS,' SIMPLIFIED FORMS AND PROCEDURES, BILINGUAL ASSISTANCE, AND USE OF PARALEGALS. AMONG ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO BE EXPLORED ARE ARBITRATION, MEDIATION, AND NEIGHBORHOOD JUSTICE CENTERS. (LKM)