Minor Dispute Processing - A Review of Recent Developments (From Neighborhood Justice, P 60-76, 1982, by Roman Tomasic et al - See NCJ-83472)

• NCJ Number: 83473
• Author(s): D McGillis
• Date Published: 1982
• Length: 17 pages
• Sale Source: Longman Inc
• Language: English
• Country: United States of America
• Note: Portions of this chapter are drawn from 'Neighborhood Justice Centers,' by the author, 1981.

Annotation

Befitting the diversity of project philosophies, goals, and procedures in minor dispute processing in the United States, a comparable diversity is emerging in the interpretation of project achievements.

Abstract

Projects for the mediation or arbitration of minor civil and criminal disputes have developed in about 30 States during the past 5 years, with there being about 140 such projects. Projects vary considerably in the types of cases handled. Some projects process a broad variety of minor civil and criminal matters while others limit themselves to specific types of disputes such as small claims cases or criminal, domestic, consumer, or housing-related matters. Regardless of the types of disputes processed, virtually all projects focus primarily upon disputes between individuals with an ongoing relationship, whether as relatives, landlord-tenant, employer-employee, neighbors, etc. Three major types of sponsors of nonjudicial dispute settlement projects are common: public sponsorship, private sponsorship with close ties to the justice system, and private sponsorship with a community orientation. A variety of dispute-processing techniques are used, including conciliation, mediation, and arbitration. Hearing staff characteristics also vary widely among projects, including lay citizens with training in mediation or arbitration techniques, law students, and lawyers. Some telephone conciliation projects use undergraduate interns. Factors contributing to difficulty in definitively evaluating the merits of the mediation efforts are (1) the lack of consensus on project goals, (2) limitations in currently available evaluation data, and (3) difficulties in generalizing from newly developed projects. The continuing experimentation with nonjudicial processing across the country may point toward the development of a more highly differentiated and coordinated justice system, with different forums and procedures suited to various types of conflicts. Seven notes are listed.