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NEIGHBORHOOD JUSTICE CENTERS - TRADITIONAL QUESTIONS AND NEW ISSUES

NCJ Number
58623
Author(s)
P NEJELSKI
Date Published
1978
Length
11 pages
Annotation
THE DEPARTMENT OF JUSTICE'S NEIGHBORHOOD JUSTICE CENTER PROGRAM IS DISCUSSED IN GENERAL TERMS OF PURPOSE, EFFECTIVENESS, AND THE LEGAL AND ETHICAL ISSUES RAISED BY THE INFORMAL DISPUTE CENTER CONCEPT.
Abstract
THE CONCERN OF THE NEIGHBORHOOD JUSTICE CENTER PROGRAM, WHICH USES COMMUNITY RESIDENTS TO RESOLVE EVERYDAY PROBLEMS AT THE LOCAL LEVEL, IS TO SOLVE DISPUTES QUICKLY AND EFFECTIVELY. EXAMPLES OF THE TYPES OF DISPUTES INVOLVED INCLUDE PROBLEMS WITH BARKING DOGS, MISUNDERSTANDINGS BETWEEN NEIGHBORS, AND DISAGREEMENTS BETWEEN LANDLORDS AND TENANTS. THE PROGRAM CAN OFFER EFFECTIVE REDRESS, AND SERVES AS AN ALTERNATIVE TO THE CROWDED, OFTEN COSTLY, COURT SYSTEM. THE PROGRAM PROVIDES ARBITRATION, MEDIATION, AND CONCILIATION BY COMMUNITY MEMBERS. NEIGHBORHOOD JUSTICE CENTERS SHOULD BE ACCESSIBLE TO AND BE UTILIZED BY THE COMMUNITY THEY SEEK TO SERVE; HOURS SHOULD BE FLEXIBLE, AND THEY SHOULD BE RELATIVELY QUICK AND INEXPENSIVE FOR CLIENTS. IN THE COURSE OF PROGRAM DEVELOPMENT, THE DEPARTMENT OF JUSTICE COMMISSIONED A STUDY OF SIX EXISTING PROGRAMS LOCATED IN BOSTON, MASS., COLUMBUS, OHIO, MIAMI, FLA., NEW YORK CITY, ROCHESTER, N.Y., AND SAN FRANCISCO, CALIF. THE ORIGINAL IMPETUS FOR THE PROGRAM CAME FROM A 1976 CONFERENCE OF JUDGES, LAWYERS, AND ACADEMICIANS HELD IN MINNEAPOLIS, MINN. AT THAT TIME, THE PROGRAM WAS INITIATED ON AN EXPERIMENTAL BASIS. NEIGHBORHOOD JUSTICE CENTERS NOW EXIST IN LOS ANGELES, CALIF., ATLANTA, GA. AND KANSAS CITY, MO. IN ALL THREE CITIES, THE STAFF INCLUDES A DIRECTOR, 4 OR 5 FULL-TIME STAFF MEMBERS, AND BETWEEN 24 AND 35 COMMUNITY MEMBER PARTICIPANTS WHO SERVE AS MEDIATORS ON A CASE BY CASE BASIS. THESE PEOPLE HAVE BEEN TRAINED FOR 40 TO 70 HOURS IN MEDIATION TECHNIQUES, AND ARE PAID BETWEEN 10 AND 20 DOLLARS PER CASE. EACH CENTER WAS GIVEN GENERAL GUIDANCE BY THE DEPARTMENT OF JUSTICE AS TO WHICH TYPES OF CASES WOULD BE MOST SUCCESSFULLY RESOLVED THROUGH CENTER ARBITRATION AND MEDIATION. ARRANGEMENTS ARE MADE WITH LOCAL COURTS, POLICE, AND COMMUNITY AGENCIES FOR REFERRALS WHICH CAN BE HANDLED BY THE CENTERS. SIMILARLY, THE CENTER REFERS CASES IT CANNOT RESOLVE TO THE APPROPRIATE AUTHORITIES. SEVERAL ISSUES ARE RAISED, HOWEVER, WHICH ARE NOT YET CLARIFIED INCLUDING THE ENFORCEABILITY OF AN ARBITRATED AGREEMENT, THE ROLE OF ESTABLISHED LAW IN CENTER FUNCTIONING, THE CONFIDENTIALITY OF COMMUNICATIONS AND RECORDS, MEDIATOR AND CENTER LIABILITY, COERCION, AND RESOLUTION OF THE CONFLICTING CENTER ROLES AS HELPER AND ADJUDICATOR. FOOTNOTE AND CENTER ADDRESSES ARE INCLUDED.