NCJ Number
65529
Journal
Arbitration Journal Volume: 31 Dated: (JUNE 1976) Pages: 109-115
Date Published
1976
Length
7 pages
Annotation
A NEIGHBORHOOD OR COMMUNITY ARBITRATION BOARD CAN USE COMPROMISE AND INFORMAL PRESENTATIONS TO A GREATER EXTENT THAN THE JUDICIARY SYSTEM, SO THAT PARTICIPANTS CAN MORE READILY RESOLVE DISPUTES.
Abstract
PARTIES TO A LITIGATION FACE MANY PROBLEMS, INCLUDING UNFAMILIARITY WITH THE LAW; COST OF ATTORNEY, JURIES, AND PROLONGED LITIGATION; DELAY FROM THE DATE OF FILING TO THE ACTUAL TRIAL; INVASION OF THE PARTY'S PRIVACY BY PRESENTATION OF PERSONAL FACTS WHICH THEN BECOME PART OF THE PUBLIC RECORD; AND THE RECURRING DISCREPANCY BETWEEN A LEGAL DECISION AND A JUST ONE. COMMUNITY ARBITRATION CAN BE A FEASIBLE ALTERNATIVE TO AN EXPENSIVE TRIAL AND CAN GIVE INDIVIDUALS IN LARGE CITIES A SENSE OF COMMUNITY THAT IS OFTEN LACKING. CONCILIATION/ARBITRATION INSTITUTIONS IN THE JEWISH COMMUNITY, FOR EXAMPLE, INCLUDE A FIVE-MEMBER PANEL ORGANIZED IN BOSTON TO HANDLE A LANDLORD-TENANT CASE, THE THREE-MEMBER NEW YORK JEWISH CONCILIATION BOARD, AND THE PROPOSED JEWISH CONCILIATION BOARD OF LOS ANGELES; THE LATTER WILL HAVE A GROUP OF PANELISTS REPRESENTING VARIOUS GROUPS IN THE JEWISH COMMUNITY BY AGE, EDUCATION, INCOME, AND PROFESSION. SUCH BOARDS CAN LOWER COSTS TO LITIGANTS; CAN SCHEDULE CASES, IN SOME INSTANCES, WITHIN A MONTH OR TWO OF THE INITIAL INTERVIEW, CAN MORE EASILY SCHEDULE TRIALS OUTSIDE WORKING HOURS; CAN PROTECT THE PARTIES INVOLVED THROUGH SPEEDY CLAIM ARBITRATION; AND CAN MAINTAIN PRIVACY FOR THOSE INVOLVED. IN ADDITION, FOREIGN LAW OR GENERAL COMMUNITY STANDARDS OF ETHICS AND EQUITY CAN BE USED AS THE BASIS OF THE BOARD'S DECISION. COMMUNITY ARBITRATION BOARDS COULD BE USED TO HANDLE CONSUMER PROTECTION CASES OR CASES THAT MIGHT FALL TO A DEMURRER IN A CIVIL COURT. WHILE SUCH BOARDS MIGHT NOT RELIEVE OVERBURDENED COURTS, THEY PROVIDE AN INEXPENSIVE INSTITUTION THAT CAN RELIEVE TENSIONS IN A BUREAUCRATIC SOCIETY. FOOTNOTES ARE GIVEN.