NCJ Number
94624
Date Published
1982
Length
59 pages
Annotation
Two case histories describe processes which kept the juveniles involved from proceedings in the juvenile court, exemplifying the developing practice of using persons other than court officials to resolve minor disputes outside the courtroom.
Abstract
This report explores the use of this practice to avoid traditional court proceedings, examining two forms of dispute resolution with respect to juveniles -- programs which are designed exclusively for juveniles and programs which are designed primarily to handle a large variety of adult civil and criminal complaints but which also hear some juvenile cases. State goals of dispute resolution programs include involving the community in the reduction of community tensions; relieving the courts of the burden of minor cases and allowing more attention to serious cases; improving the process for handling disputes by exploring underlying programs without strict court rules and time limitations; and increasing access to justice. Discussion covers the evolution of juvenile dispute resolution program; development of the programs; program characteristics; and the major issues of program costs and sources of financial support, coercion versus voluntariness, due process, confidentiality, monitoring, the issue of 'widening the net,' inequality of the parties, and evaluations. Juvenile mediation and arbitration has had little systemic impact. Only Florida has a statute which authorizes juvenile arbitration. Yet, juvenile mediation and arbitration programs show promise in two major areas: they succeed in diverting juvenile from court and provide victims of juvenile crimes with greater satisfaction, especially where restitution and community service result from mediation and arbitration agreements. Footnotes, tables, 41 references, a project directory, and relevant legislation and memos are included.