NCJ Number
81739
Date Published
Unknown
Length
29 pages
Annotation
This evaluation of compulsory arbitration in New York State's Monroe, Bronx, Broome, and Schenectady Counties addresses time saved by arbitration, case characteristics, finality of decisions, costs, and attitudes of judges and attorneys.
Abstract
This program was established in 1970 on an experimental basis and required that all cases demanding money damages of $4,000 or less be referred to arbitration. The project has been extended three times, and in 1977 the monetary limit was raised to $6,000. Cases under $500 are heard by a single arbitrator, but all others are handled by a three-member panel of arbitrators who are members of the bar. This evaluation first compared time between filing a note of issue and the date of disposition in arbitrated cases with the same process in court proceedings. The average time involved in disposing of a case in arbitration has decreased over the years, and time was saved in all counties due to shorter hearings. An analysis of arbitration cases between 1971 and 1976 considered total caseloads, dispositions, types of cases transferred to arbitration, demand and award figures, and the nature of causes of actions. The intake of cases diminished over this period, largely due to inflation and no-fault insurance. The arbitration program had little impact on the supreme courts, but allowed county court judges to free more time for the amounts demanded, and 31.9 percent showed no monetary award. Approximately 40 percent of a sample of cases were classified as contract, while property damage accounted for 24.7 percent. Both types have increased steadily since 1972-73. Figures indicated widespread acceptance of the arbitrators' decisions. The average cost per disposition from arbitration cases in 1976 was lower than that for respective courts. Furthermore, arbitration involves no fixed overhead costs, since arbitrators are hired as needed. Judges and attorneys believed that the programs were effective and should be continued. Most felt that a $10,000 limit would be worthwhile. Measures to improve the program's operations in the four counties are recommended. The appendixes contain statistical tables and a flowchart of an arbitration proceeding.