REPORT ON THE NATIONAL CONFERENCE ON MINOR DISPUTES RESOLUTION, MAY 1977

• NCJ Number: 47490
• Author(s): F A E SANDER
• Date Published: 1977
• Length: 73 pages
• Corporate Author: American Bar Association
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE REPORT TOPICS COVER SMALL CLAIMS COURTS, DISPUTE SETTLEMENT OUTSIDE THE COURT, COMMON THEMES, TENSIONS, AND EXPERIMENTS IN DISPUTE SETTLEMENTS.

Abstract

ACCESS AND UTILIZATION OF SMALL CLAIMS COURTS IS DISCUSSED AS WELL AS INTAKE AND SCREENING PROCEDURES. THERE IS DEBATE AS TO WHETHER INSTITUTIONS SHOULD BE ABLE TO UTILIZE SMALL CLAIMS COURTS. THE ROLE OF JUDGES AND LAWYERS AND PROBLEMS IN ENFORCING DECISIONS MADE IN SMALL CLAIMS COURTS ARE DISCUSSED. THE SECOND SECTION OF THE REPORT DEALS WITH NONJUDICIAL DISPUTE RESOLUTION BETWEEN INDIVIDUALS AND BETWEEN INDIVIDUALS AND ORGANIZATIONS. TOPICS DISCUSSED ARE NEIGHBORHOOD JUSTICE CENTERS, ARBITRATION OF SMALL CLAIMS, AND ADMINISTRATIVE GRIEVANCE MECHANISMS. SIX PREREQUISITES ARE OUTLINED FOR AN EFFECTIVE GRIEVANCE PROCEDURE: (1) THE AFFECTED INDIVIDUALS MUST PARTICIPATE IN DESIGNING AND OPERATING THE MECHANISM; (2) FULL ACCESS TO THE MECHANISM MUST EXIST; (3) WRITTEN RESPONSES MUST BE MADE TO ALL GRIEVANCES; (4) RESPONSE MUST BE REASONABLY PROMPT; (5) OUTSIDE REVIEW OF GRIEVANCES SHOULD BE AVAILABLE; AND (6) THE MECHANISM MUST HAVE A LARGE SCOPE AND THE ABILITY TO EVALUATE GRIEVANCES. THERE IS SIGNIFICANT PUBLIC IGNORANCE ABOUT AGENCIES AND RESOURCES TO AID IN MINOR GRIEVANCE RESOLUTION AND THERE IS A NEED TO DEVELOP SYSTEMATIC EVALUATION METHODS FOR MEASURING THE EFFECTIVENESS OF RESOURCES THAT DO EXIST. COMMUNITY INVOLVEMENT IN CREATING DISPUTE-RESOLUTION SYSTEMS NEEDS STIMULATION, AND OVEREMPHASIS ON TRADITIONAL ADVERSARY SYSTEMS SHOULD BE REMOVED TO ALLOW EMERGENCE OF INNOVATIVE DISPUTE RESOLUTION METHODS. THERE IS ALSO A NEED TO DEVELOP MECHANISMS WHICH WOULD PRODUCE GREATER EQUALIZATION OF POWER BETWEEN PARTIES IN A DISPUTE. COMMON CONCERNS OF SERVICES DEALING WITH DISPUTE RESOLUTION ARE RESOURCE ALLOCATION AND THE DECISIONS TO SETTLE IN OR OUT OF COURT. SOME PROMISING EXPERIMENTS HAVE OCCURED IN DISPUTE RESOLUTION. THE SMALL CLAIMS ADMINISTRATOR MECHANISM USES A FLEXIBLE INTAKE AND AFTER-PROCESS ADAPTED TO THE NEEDS OF THE PARTICULAR CASE AND SEVERAL NEIGHBORHOOD JUSTICE CENTERS ARE NOTABLE EXPERIMENTS. THE APPENDIXES CONTAIN SOURCE MATERIAL ON ALTERNATIVE DISPUTE MECHANISMS. THE LISTING IS ARRANGED BY NATURE OF DISPUTES AND THE TYPES OF PROGRESS USED.