NCJ Number
59624
Date Published
1978
Length
25 pages
Annotation
ALTERNATIVE WAYS OF RESOLVING DISPUTES OUTSIDE THE COURTS ARE EXAMINED AS MEANS OF REDUCING THE JUDICIAL CASELOAD.
Abstract
ALTHOUGH ATTORNEYS HAVE TRADITIONALLY ASSUMED THAT THE COURTS ARE THE NATURAL AND OBVIOUS DISPUTE RESOLVERS, THERE ARE SEVERAL DIFFERENT PROCESSES FOR EFFECTIVE CONFLICT RESOLUTION. THE PRICE OF AN IMPROVED SCHEME OF DISPUTE RESOLUTION MAY, HOWEVER, BE A VAST INCREASE IN THE NUMBER OF DISPUTES BEING PROCESSED, AS SUPPRESSED GRIEVANCES ARE ALLOWED TO BECOME PUBLIC MATTERS. FACT-FINDING PROCEEDINGS, SUCH AS ARBITRATION AND MEDIATION, MAY BE POTENT TOOLS FOR INDUCING SETTLEMENT. ALTHOUGH THERE MAY BE RELUCTANCE TO GIVE A THIRD PARTY THE POWER TO MAKE A BINDING DECISION, THE WEAKER PARTY MAY ACCOMPLISH A JUST RESULT THROUGH THE USE OF A FACT FINDER. CRITERIA THAT HELP IN DETERMINING HOW PARTICULAR DISPUTES MIGHT BE RESOLVED INCLUDE THE NATURE OF THE DISPUTE, THE RELATIONSHIP OF THE DISPUTANTS, THE AMOUNT OF MONEY IN DISPUTE, AND THE COST OF THE SETTLEMENT. THE VARIETY OF FACTORS THAT MAY AFFECT A DISPUTE INDICATE THE ADVANTAGE OF HAVING A FLEXIBLE AND DIVERSE GROUP OF RESOLUTION PROCESSES, WITH PARTICULAR TYPES OF CASES BEING ASSIGNED TO DIFFERENT SYSTEMS. ALTHOUGH CONSUMER AFFAIRS COULD BE RESOLVED THROUGH MEDIATION, A MORE COMPLEX SYSTEM MAY BE REQUIRED FOR THE PROTECTION OF THE RIGHTS OF CRIMINALS IN INFORMAL ADJUDICATIONS. IT IS RECOMMENDED THAT A CONSTITUTIONAL AMENDMENT BE PROPOSED WHICH WOULD ELIMINATE JURY TRIALS FOR MOST CIVIL MATTERS. FOOTNOTES ARE PROVIDED.