NCJ Number
40270
Date Published
1978
Length
95 pages
Annotation
THIS REPORT GIVES AN OVERVIEW OF THE DEFECTS IN THE EXISTING JUDICIAL SYSTEM AND DISPUTE RESOLUTION PROCESS IN THE U.S., AND SIX STRATEGIES FOR IMPROVING CIVIL DISPUTE PROCESSING.
Abstract
MOST CRITICISMS OF THE EXISTING JUDICIAL SYSTEM, WHICH ARE DISCUSSED IN THE REPORT, DEAL WITH CASELOAD OVERLOAD, DELAY, INACCESSIBILITY OF COURTS FOR MANY LITIGANTS AND DISPUTES, COSTS TO LITIGANTS AND GOVERNMENT, LACK OF EQUITY IN THE RESULTS, AND UNDESIRABLE PSYCHOLOGICAL SIDE EFFECTS FROM THE PROCESS. THE FIRST ALTERNATIVE IS SETTLEMENT INCENTIVE--THE ENCOURAGEMENT OF TWO-PARTY SETTLEMENT THROUGH INCENTIVES, PRIMARILY FINANCIAL, THAT REWARD REASONABLE SETTLEMENT BEHAVIOR BY DISPUTANTS AND PUNISH UNREASONABLE CONDUCT DURING SETTLEMENT NEGOTIATIONS. THE SECOND, AUTOMATIC TRANSFER, PROVIDES AUTOMATIC RELIEF IN WHICH THE MOVING PARTY TO A DISPUTE IS GRANTED THIRD-PARTY INTERVENTION BEFORE ANY HEARING TO DETERMINE CONTESTED ELIGIBILITY. ELIGIBILITY SIMPLIFICATION SIMPLIFIES AND REDUCES, WHERE APPROPRIATE, THE ELIGIBILITY CRITERIA THAT JUSTIFY INTERVENTION BY A THIRD PARTY. RESOURCE REDUCTION INVOLVES METHODS FOR REDUCING THE SCOPE OF THE ELIGIBILITY DETERMINATION TASKS AND THE RESOURCES REQUIRED TO PERFORM SUCH TASKS. RESPONSIBILITY ALLOCATION CENTERS ON THE POSSIBILITY OF REALLOCATING THE RESPONSIBILITY FOR SEVERAL OF THE ELIGIBILITY DETERMINATION TASKS. THE FINAL STRATEGY--COST REDISTRIBUTION--CALLS FOR REDISTRIBUTING THE COSTS RATHER THAN THE RESPONSIBILITY OF ELIGIBILITY DETERMINATION TASKS. FIGURES AND FOOTNOTES CONTAINING BIBLIOGRAPHIC DATA ARE INCLUDED.