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No Access to Law: Alternatives to the American Judicial System

NCJ Number
117143
Editor(s)
L Nader
Date Published
1980
Length
540 pages
Annotation
This study examines the structure and ideas associated with consumer complaint alternatives to the American judicial system, characteristics of a sample of consumer-complaint letters, and mechanisms for complaint redress.
Abstract
Study methodology involved analysis of a sample of 300 consumer-complaint letters written to Ralph Nader and research on various redress mechanisms in the areas of business, government, unions, and the media. The study first projects an ideal complaint-handling system as one which would, with speed and fairness, resolve grievances and be part of an early alert to head off future similar complaints by providing public agencies with data enabling them to do their jobs better. An ideal system would also disclose aggregate abuse patterns and provide consumers with a competitive number of private and public avenues and forums for pursuing justice. It would deter and prevent exploitation of the consumer. The research concludes that grievance mechanisms in America rarely adhere to any part of this ideal pattern. Some rules derived from the research are that complaint organizations dependent on individual personalities are usually short-lived; complaint mechanisms operating under conflict of interest cannot function as third-party handlers of complaints; and complicated complaint mechanisms will not be used by consumers. The study also concluded that voluntary organizations are excellent for experimenting with dispute-settlement mechanisms, although inadequate funding threatens stability and continuity. The most general conclusion from the study data is that without the force of law as back-up, third-party complaint handlers are of limited use. Chapter references, subject and author indexes.