NCJ Number
50555
Date Published
1976
Length
16 pages
Annotation
PROCEDURES FOLLOWED IN THE PROVISION OF SERVICES BY THE INSTITUTE FOR MEDIATION AND CONFLICT RESOLUTION (IMCR) DISPUTE CENTER IN NEW YORK CITY ARE DESCRIBED.
Abstract
THE IMCR DISPUTE CENTER WAS ESTABLISHED WITH AN LEAA GRANT COVERING THE PERIOD FROM MARCH 1, 1975 THROUGH MARCH 31, 1976. ACTUAL PROGRAM OPERATIONS BEGAN ON JUNE 1, 1975. REFERRAL PROCEDURES WERE ESTABLISHED FOR THE FOLLOWING OFFENSES AMENABLE TO MEDIATION: HARASSMENT, DISORDERLY CONDUCT, RECKLESS ENDANGERMENT (2ND DEGREE), MENANCING (NO WEAPON), ASSAULT (3 DEGREE), AGGRAVATED HARASSMENT, TRESPASS, CRIMINAL TRESPASS (2 DEGREE), CRIMINAL TRESPASS, (3 DEGREE), RECKLESS ENDANGERMENT OF PROPERTY, MISAPPLICATION OF PROPERTY, CUSTODIAL INTERFERENCE (2 DEGREE), AND CRIMINAL MISCHIEF (4 DEGREE). TRAINING PROCEDURES WERE INSTITUTED FOR MEDIATORS AND THE POLICE. SPECIAL PROTOCOLS WERE DEVELOPED FOR ARREST AND NONARREST (DESK APPEARANCE TICKET) CASES. WHEN COMPLAINANTS CAME TO THE CENTER, THEY WERE GIVEN THE OPTION OF SUBMITTING TO MEDIATION-ARBITRATION. MEDIATION PANELS USUALLY CONSISTED OF THREE MEDIATORS BUT SOMETIMES CONSISTED OF ONE OR TWO MEDIATORS, DEPENDING ON THE NATURE OF THE CASE, THE ABILITY AND AVAILABILITY OF MEDIATORS, AND CASE VOLUME. ALL AGREEMENTS, WHETHER MEDIATED OR ARBITRATED, WERE WRITTEN UP AS ARBITRATION AWARDS. IN ALL CASES, BOTH PARTIES TO THE DISPUTE WERE CONTACTED 30 TO 60 DAYS AFTER THE HEARING BY A SOCIAL SERVICE UNIT TO ASSURE COMPLIANCE WITH THE AGREEMENT AND TO ASCERTAIN IF ANY FURTHER SOCIAL SERVICE ASSISTANCE WAS NEEDED. PROGRAM REFERRAL SOURCES WERE EXPANDED TO INCREASE THE NUMBER OF REFERRALS. THE EXPERIENCE OF THE IMCR DISPUTE CENTER IN ITS FIRST 10 MONTHS OF OPERATION DEMONSTRATED THAT MEDIATION-ARBITRATION IS A VALID ALTERNATIVE TO ARREST AND CRIMINAL COURT PROCEEDINGS. THE CENTER RECEIVED 1,657 REFERRALS DURING THE REPORTING PERIOD. OF THESE, 662 OR 40 PERCENT WERE NOT PROCESSED TO A HEARING BECAUSE THE COMPLAINANT CHOSE NOT TO CARRY THE MATTER FURTHER. IN ONLY 11 PERCENT OF THE CASES WERE PARTIES ADVISED THAT THEY HAD TO RETURN TO COURT. THE FOLLOWING SOCIAL SERVICES WERE RENDERED: PERSONAL, FAMILY, DRUG, AND ALCOHOL COUNSELING; INFORMATION OR REFERRAL FOR LEGAL ASSISTANCE; WELFARE ASSISTANCE; JOB PLACEMENT OR EDUCATION ASSISTANCE; OTHER SERVICES SUCH AS DAY CARE AND HEALTH CARE; AND RESEARCH AND INFORMATION GATHERING.