NCJ Number
122789
Date Published
1990
Length
9 pages
Annotation
Alternative dispute resolution, particularly mediation, is one way of handling cases outside the judicial system and may be especially suited for cases in which primary dispute factors involve emotional issues rather than points of law and for cases in which disputants lack financial resources to gain access to the judicial system.
Abstract
In 1983, the Oklahoma Legislature enacted the Dispute Resolution Act which mandates the provision of convenient access to dispute resolution proceedings for all State residents. The act also authorizes local governments to establish mediation programs. The act requires both mediating parties to execute written consent for the mediation process and the confidentiality of proceedings. Further, a Dispute Resolution Revolving Fund has been established to provide a formal mechanism for funding mediation. Oklahoma's mediation process is an informal, but structured process whereby a neutral third party assists disputants in reaching a negotiated settlement. Mediation usually results in a signed agreement which defines the future behaviors of the disputing parties. The mediator does not render a decision; all decisions are made by the parties themselves. One of the advantages of mediation is the speed of resolution. In Oklahoma, mediation sessions are scheduled within 10-14 days after a complaint is filed. Sessions are held in locations and at times convenient to the users, and proceedings are informal and perceived by disputants as less threatening than litigation. About 85 percent of all cases using mediation reach a mutually acceptable agreement, and about 93 percent of the agreements are kept. An overview of 12 regional mediation programs in Oklahoma and specialized mediation services is provided.