NCJ Number
93370
Journal
Harvard Law School Bulletin Volume: 31 Issue: 20 Dated: (Spring 1980) Pages: 20-25
Date Published
1980
Length
6 pages
Annotation
Nonjudicial forums for the mediation of minor disputes outside the court system are gaining widespread acceptance in the United States.
Abstract
In the 1960's, many commissions and reports showed that courts had great difficulty in processing minor civil and criminal disputes. The notion took hold that nonjudicial forums for the mediation of minor disputes should be tried in order to bypass the court problems. The idea originated apparently independently in a number of jurisdictions across the country. The proliferation of dispute mediation projects accelerated in the 1970's. By 1979, experimental projects were operating in approximately 100 American cities and in several other countries. Projects vary considerably in size, shape, form, and emphasis. Dispute settlement techniques also differ among the projects and include conciliation, mediation, and arbitration. Case examples illustrate the benefits of mediation, and current research data are very favorable. Tentative findings from current research suggest that mediation projects process cases rapidly, projects appear to be viewed favorably by disputants, projects may be more effective at resolving disputes, and projects improve accessibility to justice. However, much still remains to be known. The Dispute Resolution Act, signed in 1980, was developed to support the dispute resolution movement.