NCJ Number
94198
Date Published
1983
Length
190 pages
Annotation
This history of dispute settlement in the United States explores the variety of alternatives to litigation that have existed throughout American history within religious, utopian, ethnic, and business communities; the advantages and disadvantages of the development of formal state litigation structures and requirements are examined.
Abstract
The discussion opens with a portrayal of colonial patterns of dispute settlement based in religious community and the 'brotherly' affection presumed among members of the same religious faith. The transformation of the religious- and utopian-oriented dispute settlement structures is examined under the legal controls that became important instruments of social cohesion amid the chaos of rapid industrialization, sharp class conflict, severe economic recession, political instability, frontier warfare, and unprecedented immigration. The impact of the commercialization and legalization of community upon informal dispute settlement mechanisms is also considered. The current advocacy of the expansion of alternative dispute settlement formats is seen to be the product of an overburdened legal system that cannot meet the demands of a society that seeks to define and resolve all of its problems through law and litigation. The current debate over dispute-settlement procedures is believed likely to continue, as it is part of a larger critical examination of the nature of law in capitalist society and its struggle for legitimacy. chapter notes and a subject index are provided.