Growth of Nonjudicial Dispute Resolution - Speculations on the Effects on Justice for the Poor and on the Role of Legal Services (From Resolution of Minor Disputes - Hearings, P 407-424, 1979 - See NCJ-95157)

• NCJ Number: 95158
• Author(s): L R Singer
• Date Published: 1979
• Length: 18 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: Available on microfiche as NCJ-95157

Annotation

Several approaches to resolving disputes short of litigation are evolving in the United States and in other countries.

Abstract

The two principal techniques are mediation, in which an impartial third party with no power to dictate a solution attempts to assist the disputants in arriving at a mutually satisfactory resolution; and arbitration, in which the third party is given the power to impose a binding resolution. Variations include conciliation, factfinding, and mediation/arbitration. Nonjudicial techniques are applied in community disputes, institutional grievance procedures, consumer conciliation, government-sponsored mediation, consumer arbitration, and court-annexed arbitration. These alternative forums augment the access of citizens to a variety of tribunals that can resolve their complaints and reduce conflict by settling individual disputes that, if unresolved, might fester, recur, or escalate into violent confrontations. Alternative forums reduce the costs of resolution to the disputants and the public and shorten the delay between registration of a complaint and final resolution. In addition, such forums use the legal system to decrease inequities in the distribution of benefits through society. Alternative forums have been organized and operated by a variety of groups, including law schools, local bar associations, and private businesses. Members of legal service communities should take active positions in developing alternative methods of dispute resolution in their communities.