RACE TO THE COURTHOUSE

• NCJ Number: 46659
• Journal: NEW DIRECTIONS Volume: 2 Issue: 6 Dated: (NOVEMBER/DECEMBER 1977) Pages: 172,177-180,184,185
• Author(s): F M DELLAPA; D A WEISS
• Date Published: 1977
• Length: 7 pages
• Corporate Author: National Resource Ctr for Consumers of Legal Services
• Publication Format: Article
• Publication Type: Program Description (Model)
• Language: English
• Country: United States of America

Annotation

THE BENEFITS TO BE DERIVED BY THE LAYPERSON FROM COMMUNITY ALTERNATIVES TO COURTS FOR DISPUTE MEDIATION, SUCH AS NEIGHBORHOOD JUSTICE CENTERS (NJC'S), ARE EXAMINED.

Abstract

THE MAJOR PURPOSE OF COMMUNITY JUSTICE ALTERNATIVES IS TO TAKE MINOR DISPUTES BETWEEN PARTIES KNOWN TO EACH OTHER OUT OF THE REALM OF FORMAL ADJUDICATION INTO A SYSTEM OF INFORMAL AND UNDERSTANDABLE NEGOTIATION WITH RESOLUTION OF CAUSES AS WELL AS EFFECTS. THIS INFORMAL ATMOSPHERE IS CONDUCIVE TO RESOLUTION AND ACCEPTANCE BY LAYPEOPLE, WHILE MINIMIZING THE ALIENATION, CONFUSION, AND HIGH COSTS USUALLY ASSOCIATED WITH THE FORMAL JUSTICE SYSTEM. IN ADDITION, AN NJC OFFERING AN UMBRELLA OF SERVICES COULD HANDLE ARBITRATION, NEGOTIATION, AND REFERRAL NEEDS. FOR INSTANCE, IN A CONFLICT BETWEEN NEXT-DOOR NEIGHBORS, THE DISPUTANTS WOULD MEET WITH A MEDIATOR, WHO IS COMPLETELY NEUTRAL, FOR AN INFORMAL AND NONADVERSARIAL HEARING. THE GOAL OF THE HEARING WOULD BE TO HAVE THE DISPUTING PARTIES TALK THROUGH THEIR PROBLEM ON A HUMAN ONE-TO-ONE LEVEL AND REACH A MUTUAL UNDERSTANDING OF AND RESPECT FOR EACH OTHER'S POSITIONS AND NEEDS. HAVING HEARD BOTH SIDES, THE MEDIATOR HELPS DEVELOP A MUTUALLY AGREEABLE SOLUTION TO THE PROBLEM. A WRITTEN AGREEMENT IS DRAWN UP AND SIGNED BY BOTH PARTIES. EACH PARTY RECEIVES A COPY OF THE AGREEMENT, WHILE ONE REMAINS ON FILE AT THE NJC. IF VIOLATIONS OCCUR, A REHEARING MAY BE HELD, OR THE CASE MAY BE REFERRED TO THE PROSECUTOR, ANOTHER COURT, OR A SOCIAL AGENCY. REFERRALS TO OTHER AGENCIES SUCH AS MENTAL HEALTH, VOCATIONAL REHABILITATION, OR DRUG/ALCOHOL TREATMENT SERVICES, COULD AID A LARGE NUMBER OF PEOPLE WHO MAY NEVER HAVE RECEIVED NEEDED SERVICES THROUGH THE FORMAL JUSTICE SYSTEM. VARIOUS ALTERNATIVES FOR THE SETTLEMENT OF CITIZENS' DISPUTES ARE PROLIFERATING THROUGHOUT THE UNITED STATES. THE REASON IS THAT SUCH CENTERS WORK. A LISTING OF 27 SUCH COURT ALTERNATIVES IS APPENDED TO THE ARTICLE.