NCJ Number
56833
Journal
State Court Journal Volume: 3 Issue: 2 Dated: (SPRING 1979) Pages: 3-8
Date Published
1979
Length
6 pages
Annotation
THIS ARTICLE EXAMINES CORRELATES OF SATISFACTION AND DISSATISFACTION FOR INDIVIDUALS WHO HAVE USED SMALL CLAIMS COURTS, AND REJECTS THE THEORY THAT LITIGANTS WILL INEVITABLY BE DISSATISFIED.
Abstract
IT IS THE QUALITY OF CONTACT AND NOT THE MERE FACT OF CONTACT WHICH PRIMARILY DETERMINES LITIGANT SATISFACTION. A DETAILED 2-YEAR INVESTIGATION OF THE OPERATION OF 15 NATIONALLY LOCATED SMALL CLAIMS COURTS USED QUESTIONNAIRES FROM LITIGANTS AND COURT RECORDS FROM 7,500 CASES TO ELICIT INFORMATION ON CASE OUTCOME AND PARTIES' PERCEPTIONS OF THE JUSTICE SYSTEM. QUESTIONNAIRES WERE RETURNED BY 1,446 PLAINTIFFS AND 593 DEFENDANTS. TWO-THIRDS OF THE RESPONDING PLAINTIFFS AND HALF OF THE DEFENDANTS REPORTED THAT THEY WERE SATISFIED WITH THEIR EXPERIENCES IN COURT. BEING A DEFENDANT, OR LOSING A CASE, DOES NOT AUTOMATICALLY PRODUCE A DISSATISFIED LITIGANT. STRONG RELATIONSHIPS WERE FOUND BETWEEN SATISFACTION OF THE PARTIES AND THE DEGREE TO WHICH THEY HAD ADDITIONAL PROBLEMS WITH THE PROCEDURES OR PERSONNEL WITHIN THE JUDICIAL SYSTEM. SATISFACTION OF LITIGANTS WAS POSITIVELY CORRELATED WITH THE PARTIES' UNDERSTANDING OF THEIR RIGHTS AND THE AMOUNT OF ASSISTANCE THEY RECEIVED FROM COURT CLERKS. PLAINTIFFS WHO FELT DISSATISFIED FREQUENTLY HAD CONFRONTED DEFENDANTS ACCOMPANIED BY ATTORNEYS. THE SURVEY DATA INDICATED THAT CLERK HELPFULNESS WAS THE MOST IMPORTANT VARIABLE IN AFFECTING LITIGANT SATISFACTION. WINNING OR LOSING WAS OF SECONDARY IMPORTANCE, AS WAS THE PARTIES' UNDERSTANDING OF THEIR RIGHTS AND THE COURT PROCESS. REFORMS AIMED AT INCREASING A LITIGANT'S UNDERSTANDING OF THE JUDICIAL SYSTEM, AND MORE ASSISTANCE FROM THE CLERK'S OFFICE SHOULD HAVE A POSITIVE EFFECT ON LITIGANT SATISFACTION WITH THE SYSTEM. TABULAR DATA AND REFERENCES ARE PROVIDED.