Mediation as an Alternative to Civil Rights Litigation (From Discretion, Justice, and Democracy, P 90-101, 1985, Carl F Pinkele and William C Louthan, eds. - See NCJ-96653)

• NCJ Number: 96662
• Author(s): R A Salem
• Date Published: 1985
• Length: 12 pages
• Sale Source: Iowa State University Press
• Language: English
• Country: United States of America

Annotation

This paper reports on a pilot project undertaken in May 1979 by the Community Relations Service (CRS) of the U.S. Department of Justice and by district judges in the Seventh Federal Circuit to determine the viability and value of mediation as an alternative to litigation in civil rights cases.

Abstract

CRS has been assisting communities in resolving racial and ethnic disputes since it was established by Congress under Title X of the Civil Rights Act of 1964. Interest in the availability of CRS mediators may have been heightened by the large number of civil rights and corrections complaints filed in the Seventh Circuit: these two categories accounted for more than 26 percent of the civil complaints filed in during 1976 and 1977. The cases referred to CRS dealt with corrections, voting rights, employment, housing, and community involvement. Of the 26 cases referred, 15 were fully resolved, including 5 prison complaints that were settled by a fully mediated agreement. In two of the cases the parties advised the court that they had reached a mediated agreement but final settlement was not achieved; the cases were returned to the court. Eight were returned to the court because CRS was unable to bring the parties to the table. In another case, mediation was terminated because the court of appeals ruled that the matter should be handled by the State courts. All requests for CRS involvement were honored; screening the cases may have resulted in a higher success rate. Summaries of the cases are included.