NCJ Number
39740
Date Published
1977
Length
117 pages
Annotation
THE UNDERLYING PREMISE OF 'CIVIL DIVERSION' IS THAT ATTENTION SHOULD NOT FOCUS EXCLUSIVELY ON FACILITATING DISPUTE RESOLUTION THROUGH THE FORMAL COURTS.
Abstract
THIS REPORT IS A DESCRIPTIVE SURVEY AND ANALYSIS OF SOME OF THE MORE IMPORTANT ALTERNATIVES, INSTITUTIONS, AND APPROACHES DEVELOPED IN THE UNITED STATES TO PERFORM SOME OF THE DISPUTE RESOLUTION TASKS TRADITIONALLY ASSIGNED NEARLY EXCLUSIVELY TO THE COURTS. CONFINED TO THE DIVERSION OF CIVIL CONTROVERISIES AND ISSUES IN CIVIL CASES, IT PROPOSES A BROAD DEFINITION OF DIVERSION WHICH EMBRACES BOTH THE REMOVAL OF ENTIRE DISPUTES OR CERTAIN IMPORTANT ISSUES IMPLICATED IN SUCH DISPUTES AS WELL AS THE TRANSPLANTATION OF SUCH DISPUTES FROM MORE FORMAL TO LESS FORMAL FORUMS. INDIVIDUAL CHAPTERS SURVEY THE POSSIBILITIES OF AFFORDING RELIEF WITHOUT AFFIXING RESPONSIBILITY ON ANY OTHER PERSON OR INSTITUTION (NO FAULT AUTOMOBILE COMPENSATION); OUTLINE THE KIND OF REFORM ENABLING INDIVIDUALS TO DISPENSE WITH COURT SUPERVISION IN CASES WHERE THERE IS ACTUALLY NO DISPUTE (INDEPENDENT PROBATE ADMINISTRATION); AND DISCUSS THE SIMPLIFICATION OF THE SUBSTANTIVE ISSUES THAT MUST BE DECIDED BEFORE THE STATE WILL INVOKE ITS COERCIVE POWER TO COMPEL OR DENY RELIEF (NO FAULT DIVORCE). THE DIVERSION OF DISPUTES TO ALTERNATIVE TRIBUNALS POSSESSING COERCIVE POWER, AS IN ARBITRATION, IS ALSO CONSIDERED, AS ARE INFORMAL ALTERNATIVE TRIBUNALS (GOVERNMENTAL OMBUDSMAN AND MEDIA OPERATED CONSUMER COMPLAINT CENTERS) THAT SUPPLY RELIEF THROUGH NON-COERCIVE MEASURES WHICH MOTIVATE THE RESPONSIBLE INDIVIDUAL TO FURNISH THAT RELIEF. A FINAL CHAPTER RECONSIDERS THE THEORETICAL APPROACHES TO CIVIL DIVERSION, THEIR PROMISE AND THEIR PROBLEMS, ESPECIALLY AS MEANS OF REALIZING THE GOALS OF ACCESSIBILITY, SPEED, AND EQUITY. IT ALSO SPECULATES ABOUT THE MERITS OF CERTAIN UNTRIED VARIATIONS. A TEN-PAGE BIBLIOGRAPHY IS INCLUDED. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)..ELW