NCJ Number
99732
Journal
Trial Volume: 21 Issue: 10 Dated: (October 1985) Pages: 30-34
Date Published
1985
Length
4 pages
Annotation
This paper discusses the types of disputes amenable to mediation, examines the benefits of mediation, and describes some programs.
Abstract
Mediation is particularly valuable in settling minor civil disputes such as those between neighbors or in negligence cases. Mediation provides an efficient, inexpensive means of resolving conflicts that is nonadversarial, acknowledges the importance of continuing relationships, and is more likely to result in a decision aggreeable to the disputants and by which they will abide. The mediator may help disputants be more effective negotiators, offer new sources of information and ideas, and serve as a scapegoat to unite the disputants. The Neighborhood Justice Center in Atlanta has been successful in using volunteer mediators to resolve court-referred disputes. Participation is by consent of the parties, and unsettled disputes may be sent to court for resolution. One issue that must be dealt with is the determination of which cases are suitable for mediation. In Atlanta, judges, clerks, and intake workers meet to decide which cases should be referred to the center. In New Jersey, a retired judge reviews cases after appeals are filed and makes mediation referrals. Another alternative is the use of mandatory mediation or coercive penalities to encourage resolution through mediation. New ideas and experimentation should result in new methods that lead to greater access to efficient and equitable conflict resolution. Included are 15 footnotes.