Dispute Resolution: Inclusion in the NCJRS Data Base

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This rllicrofichewas produced from documents received for Dispute Resolution: inclusion in the NCJRS data base. Since NCJRS'cannot exerc~se "t,l . control over the physical condition of the docpments submitted, 1:; Tecbniquesand Applications , .. the individual frame quality will vary. The resolution chart on ,~l.,:

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{) z; 97009 ~ ':0 Q " ~" U.S. Department of Justice Q II 0- ", Natianallnstltute of Justice c " This docum'enl' has been reproduced exactly as received from the '-' ,I" person or organi2:alion originating ft. polms of view or opinions stateci in this dOCUment are Ihose of the authots and (flo not necessarily ~~\ • 0 a .;, ;,'i 'Q represent the official position or policies of the National Institute of ,Justice. II .? 'f! . I, [~J\' " ., Permission to reproduce this c~ed material has been ,-; granted by . ('t~ \, ~ Public Dauain/,)-F-Fice of' T.egaLPolicy/ " Fed., J'ust.Resrch Prog./USDept of t~M;i~riminal JustiCe Referehce Service (NCJR$). 0 J'~ () '" Further reproduction outside of Ihe NCJRS system requires permis. " sion~of Ihe ~t owner. .

Dispute Resolution:

.c. Techniques and Applications A Selected Bibliography ,I o Q

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o compiled by I\ Ellen Mowbray o Dispute Resolution, Information, Center/NC~RS o edited by Ronnie Mills " ! G o

March 1985

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TABLE OF CONTENTS "

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'0 Introduction • • • ~ II! • v

OVerview .-"",... ' ;:) 3

,Community " " .. ~ • • :. • ,~ s • .. "s • S ••• 11 Ii

f",Environment . .' () • s •• " ••••' •• 11\ ..... 'I .- ••, .•• _•••• 19 .I /7:\./ I ,/ " f Family ...... , ••, ...... II; !! .. s .... ,~ "",.}~ .•• -•• II·" • II; ",," .... --. ••• ',,'21 ~; , i f " Judicial System '" '...... - .. -.. .~. 23

. 0 Juvenile • -" • ~ c ..... ~ ,...... '." ••• !I • • • • II; " •• '11 .. 29 ;;",,1

Labor • ~II ...... o•• S ....

j 'J Legal Issues •.~ • ~ Ii' • • '. • .·11 • • " ~ • .. • eo, •• .. •• '. 41 " @' a Training and Directories " .. ,. II !I •• ~ •.•.'!O ... 45

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Subje,(~J Index ~ ., " • .• '. ·if • • ,. 11 •••-10 • tI • ,. ~ '- • 11. • .. II .. .. ~ II .. 49

Author Index • \I .. .. • • .. .. ~ .' s· ", • ,'a ~. ~ • • ...'!' • .. .• • .. .,. .. .. ':0 51

".'!''''' ..... ,.: •• _•• :<~.' ...... 53 '\;\ inside back cover

.Preparec;! for_he Federal Justice Research,Program. Ofticeof Legal

Policy. U.S. Department of Justice,Py Aspen Systems Corporation ~, ". under contrl)lqtnumber OJARS,84·C-001. 6 ,~" , ' \) ~j Points of View oropinion~ statedln this document do not necessarily ,repre$ent the official position or policles.ot thl! U.S; 'Depllrtment of ,n· JusUce. ,'!i.' f;

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INTRODUCTION ()

o ,- Thedispute resolution field has grown dramatically in the and maintenance of mechanisms fororesolving minor past decade. This growth has been attributed to a number disputes. Although the actauthorized$11 million annually of circumstances. Problematic and sometimes staggering through fiscal Year ;J 984 for this effort; Congress has court backlog has been. an impetus -for 'designing never appropriated any funds. Continued Federal interest ,alternative' di$pute resolution mechanisms and for in the development of alternative dispute resolution diverting cases to ,them. The cost of pr()longed litigation i_ mechanisms has been expressed, however; through the , has also prompted the cOnsideration of alternatives to establishment of a Dispute Resolution Information Center f { , traditionaljUdic!al proceedings. Fin~ny, growing r~cogni (DRIC) by the Federal Justice Research Program of the " tion that not all complaints require anadversarial setting U.S. Department of Justice. The, mandate of the DRIC for their jesolutionand that"in some instances; such a is to supply a variety of information services to individuals " I- I_.e 'setting may actually bell detrimental to reaching a and organizations exploring new waysto resolve conflicts 1 satisfactory resolution has further increased receptivity to . out,side the traditional' court system .. The DAIC,' which innovative 'mechanisms. Viewed in combination, these operates out of the National Criminal Justice Reference factors pointio a continued,demang for varied and Service, is responsible for the production of this accessible conflict resolution forums. bibliography.

,.HIstorlcal-.Overview A nl,lmberof Hrivate-set:~or organizations active in disput~ o· Alternative dispute resolution mechanisms have been in resolution have also emerged over the years., The \} place qlitlerthe reQeral Government's auspices for some American Bar Association's Special Comrnitte~ on Alternative Dispute .Resolution,for instance, serves asa 'time. The"Federa1-MedJ~JiQ!1 and Conciliation Service, for example, was founded In 1947 With the mandate of resource for dispute resolution program and legislative , " information and has designed the Multi-Door Dispute . { 0, ;.', facilitating relations: The Community o I~Nnanagement 'Relations Service of the ~.S. Department of Justice, Resolution Center projects being implemented. in Tulsa, created by the CivURights Act of 1964, Was established Houston; and theOistrict·of Columbia. The Multi-Door to provide assistance to corhmunitres involved in disputes ,center concept was developed by Frank Sander, a .or difficllitiessternming from discriminatory praCtices' Harvardlaw school professor,. and isbased on the vision based on race, color, or national origin. Since then, of a courthouse with multiple doors" each providing nurnerousother Federal agencies have become involved access to a particular dispute' resolution process. The in eXploring alternative disputerlsolution· mechanisms. range of dispute resolution processes would ultimately The .Administrative Conference of the U.S.'is currently be incorporated into the formal legal system. ! " ° engaged In identifying dispute resolution practices o ~. employed in -administrativa agencies in an attempt to The'Society of Professionals in Dispute Resolution . l , describe, and gauge the level of Fegeral Government (S~JD~}~wasfounded ·;0 1973 ,in recOgnition of the. I ~, dispute resolution activity. growing professionalisl11 in the field of conflictresolution. . I SPIDR brings togeth~w c!ispute resolvers working In such I· . In .19BO, the Dispute Resolution Act was passed, The divers.e fields aslabor-management,employment. family; t '" Act called for financial assistance for the de\telbpment , environment,consumer a.ffairs, international relations,. . - .

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j} i ' o j II .--- '.,; 'I etc., through its local and national neJ!orks. The National promises to continue expanding intc-:';lew a:reas. This Institute for Dispute Resolution (NIDRJ:, opened in 1983, bibliography a~,mpts to document some of the directions . is one of the more recently founded :~isputeJesolution the field is currently taking and to provide access to organizations. NIDR was established in an effort to experience dispute resolvers have alreadygained.·~ answer basic questions about dispu~b resolution and to r facilitate the implementation of new ~~Iternatives to ' traditional litigation. . II The Biblio.graphy DISPUTE RESOLUTION A by-product of the increased activity i~~ the fielcl"of dispute The selections in this bibliography, taken from the resolution has been the developmen~ of new dispute NCJRS.data base, were chosen to reflect the wide resolution techniques and the expansion ofthe types of range of. alternative dispute resolution ~pplications and applications for these techniques. The'dispute resolution techniques currently employed. While every possible 'repertoire now includes not only the mor.e standard combination of application and technique has not been negotiation, mediation, arbitration, facilitation, fact-finding, included, most of the major. trends in the field are and conciliation techniques, but also includes innovations represented. The bibliography has been divided in~o such as med-aro, med-facHinding, minitrials, and private chapters; most chapters represent an arena in which judging. Use of altemative dispute resolution methods dispute resolution processes have been applied (e.g., has extended beY0'lpjhe labor ·field, where arbitration c the family, consumer affairs, labor relations, etc.) and and mediation have cammclnly been employed to resolve include entries pertaining to the use ofdispute disputes, to applications in a variety of other arenas such resolution techniques. within those arenas. The as juvenile justice, criminal justice, the family, education, bibliography is divided into the follQwingchapters: il the performing arts, consumer affairs, medical malprac • Overview tice, housing, and community relations. • Community The newness of the field has not permitted conclusive • Environment analysis of all the implications of the use of alternative • Family u dispute resolution processes for individual participants or '. 0 • Judicial System for the traditional legal and/or nonlegal system. I~sues • Juvenile such as cost effectiveness, the observance of du~ processl\and effects of using volunteers as mediators or . • Labor

neutrals remain controversial. Further evaluation is also I) • Legal Issues needed to determine the effectiveness of specific • Training and Direcptories techniques in resolving particular types of displltes. Within each chapter, entries are arranged in NCJ Given the varied nature of corolicts and conflicting parties, number (accession number) order. Title, author, and ".>' . coupled with the need to resolve disputes more quickly subject indexes are provided. Information about how and, in some cases, more personally than the traditional to obtain the full text of the documents included inthis judicial system allo\\is,the dispute resolution field bibliography is provided on the inside back cover.

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"0 . . )) ~ 1. ADJUDICATION. AS A PRIVATE 'GOOD. By W.M. LANDES 2. NONJUDICIAL DISPUTE ,RESOLUTION MECHANISMS-THE o ." and' -n. A.' FOSNER. Unlversityof Chicago Law School; EFF,ECT ON 'JUSTICE FOR THE. POOR. By L: R. SINGER • JOURNAL OF LEGAL, .STUDIES, V 8,. N .2 (MARCH 1979). P National Clearinghouse for Legal services Northwestem'University 235·284. c' . NCJ.59831 School of Law, 500 N MichlganAve, SUile2220, Chicago,' It • G !'i; 60611~ CLEARINGHOUSE REVIEW, V 13, N 8 (DECEM,SER \. THE OPERATION OF PRIVATE JUDICIAL SYSTEMS IS EXAM- 197.9), COMPLETE ISSUE.NCJ-63458 . IN~D FROM A THEORETICAL ECONOMIC STANDPOINT IN " THIS ARTICLe?' PROVIDES INFORMATION ON ALTERNATIVE ORDER TO DETERMINE WHETHER ADJUDICATION CAN BE METHODS FORHANDl.ING DISPUTES TOACHIE\{F'~).ISTICE VIEWED AS ..A PRIVAtE ECONOMIC GOOD FOR WHICH. A FOR THE POOR AND TO STIMULATE DEBATp ON· NONJUDI- FREE MARKET CAN OPERATE. SUPPLY AND DEMAND FOR . CIAL DiSPUTE RESQLlITlON IN THE I£GAL SEFMCES COM· TWO PUBLIC AND PRIVATE JUDIC,l\1.. FUNCTIONS, RULE FOR· MUNITY •.EMERGING MODELS FOR PROCESSING' DISPUTES MULATIONAND DI$PUTE HgSOLUtION; ARE ANALYZED. INCLUDE MEDIATION, ARBITRATION, AND THEIFhYARIATIONS AND NONJUDICIAL COMMUNITY DEVICES SUCH AS DISPUTE THeiR DIFfERING GI;lARACTEl3lsTICSINDICATE THAT DIS· CENTERS, INSTITUTIONAL GRIEVANCE PROCEDURES,CON I .P\JIE RESO/"uTION IS MORE ADAPTABLE!' TO A MARKET SUMERCONCILIATION,GOVERNMENT-SPONSORED MEDIA· \ MODEL THAN Is RULE FORMULATION. EXAMPLES FROM TION, CONSUMER ARBITRATI~, AND COURT-ANNEXED AR PRIMITIVE, SOCIETIES AND COMMERCIAL ARBITRATION BITRATION. SUPPORTERS OF NONJUDICIAL FORUMS OFTEN . CLARIFY THE'CONCEPT OF A1;M:loICATION ACCORDING. TO ,II HAVE VARYING,. SOMETIMES UNSTATED,. OBJECTIVES MARK.ET PRINCIPLES. COMPETITION IN ADJUDICATION MORE EFFICIENT COURTS, WIDER CITIZEN ACCESS TO TRI , .gxlSTs SECAUSE THERE ARE SUBSTlTlJTES' FOR gUBLIC AD· BUNALS. FOR COMPLAINT· RESOLUTION,.'I1EDUCTION OF \ JUDICATION, INCLUDING PRIVATE ADJUDICATION, NONADJU. CONFLICT, AND'USEOFc.THE LEGAL SYSTEM TO FURTHER DlGATJVE . SUBSTITUTES SliCH AS LIQUIDATED "DAMAGES SOCIAL; . ECONOMIC, . AND POLITICAL CONCEPTIONS. OF CLAUSES, AND 01}lER COURT SYSTEMS. A VOLUNTARY RE· . EQUAL JUSTIC.E.· POTENTIALEFFECTSJOF f\ ..dNJUDICIAL RES LATIONsHIP BETWEEN DISPUTANTS IS NECESSARY' FOR OLUTIONINCLUDE GREATER COURT EFFICIENCY•. GREATER COURT ACCESS FOR THE POOR. MORE CONFLICT ~ESOLU THIS. COMPETITION TO EXIST. PRIVATE AD~UDICATION'S TION, AND A GREATER DEGREE. OF SOCIAL AND ECONOMIC J GROWTH RATE. WHIOH .ISOOtJSLE rHATClFFEDERAL JUSTICE BETWEEN INDIVIDUALS AND' LARGE ORGANIZA. CASES, IS CITED TO $UPJ'ORT THE ARGUMENT THAT AMERI TIONS; GROUPINGS ¢,)';'INDIVIi;lUALS AND cOMPLAINl'Sj AND cANs ARE INCREASINGLY SATISFIJ:D WITH PRIVATE; ADJUDI REFORM OF SYSTEMIC SOCIAL AND ECONOMIC PROBLEMS. CATlON.AN ECONOMIC MODEL FORTHE DECISION WHETH g\lALUATIONSSHOULD CONSIDER THE EFFECTS OF PROCE- ERTO SETTLE A DISPUTE IN OR OUT or: COURT Is PRE- '. DURAL PROTECTION; PARTICIPATION OF PARTIES;. TIME, EN- o sENTJ:D AND Af:'PLlED IN.BOTH THE PRESENCE AND AB· o FORCEASILITY, MEANS OF ADJUDICATION, THE ROLE OF CO SeNCE .OF. CONTRACTUAL RELATIONSHIPS BETWEEN IHE . ERCION IN ASSESSING RESULTS OF VARYING. DISPUTE RES PARTIES; IN ADDITION, IT IS ARGUED THAT REcENT liTERA .GLUTIONS,AND tHE RELATIONSHIP 9f LEGAL SERVICES. TURE HAS .. ' OVERSTATED THE POsiTION THAT Availability: National Clearlngho\.!sefor Legal Services Northwest COURT-GENERATED RULgS ARE EFFICIENT PRodboTS ern University School of Law, 500N Mlchlgan Ave, .suite 2220, ~ 61"0 CI1Ic;ago, II:' 6Q611. . . PRIVA1"eINPl)Ts. 11' .IS CONCLl)DED THAT (1) P\.JBLlC , . .' QOURTS,DO NOT AUTOMATICALLY <:iENERATEECONOMICAL- 3, MEQIATIO~~ONE' ANSWER 'fO .THOSELONG bAYS IN l.Y EFfiCIENT FlULES: (2). PRIVATE ADJUDICATION'S LAW AND COUIU. Crime and Justice Foundation, 19. Temple Place, PRACTICEs ARE STRONGLY INFLUENCED BY ECONOMIC "Boston, MA 02111, PER$PECnvEs, Y'S, N2 (FALL o CONSI.DERATIONS AND CANeE: EXPLAINED IN ECONOMIC . WINT!=R1~79), P 1.2,6. . . NCJ-6.6416 PROBLEMS OF DISPUTESETTl-EMENrANDTHE GROWTH OF TERMS: AND ·(3) ECO~OMIC THEORY CAN THeBEFOFlE I3E .. 1) '. USED TO EXPLAIN FUNDAMENTRLASPEOTS OF THE LEGAL MEDIATiON PROGRAMS AS A NATIONWIDE ALTERNATIVE ARE DESCRigED IN"THISARTICLE, WHICH LISTS 'SOME OF o (iJ SYSTE~, FOQTNi:m:S~fJE INCLUDED, .. THE MAJOR INNOVATIONS OF 'rnE1970'S. DISPUTE SETTLE· o 3. ~~~~~------~------~----~~------~~.~------.------~"

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OVERVIEW TECHNIQ~ES AND APPLICATIONS 1978 - 1982 OVERVIEW

MENT IN CIVIL OR CRIMINAL COURT CAN RESULT IN LONG 'TlON OF POWERS, THE RISING NUMBER OF FAMilY AND THAT, IF THE PARTIES FAil TO REACH A SETTLEMENT, THE VENTIONAl ADJUDICATIVE METHODS. ALTERNATIVES TO DELAYS SUCH AS IN PERSONAL INJURY CASES THAT TAKE HOU.SING DISPUTES, LACK OF FUNDING SOURCES, THE IN ARBITRATOR HAS THE AUTHORITY, CONSENTED TO BE THE COURTS AND TO CONVENTIONAL ADJUDICATIVE METH OVER 4 YEARS TO PROCESS !N SOME LARGE CITIES, HIGH VOLVEMENT OF NONLAWYERS, AND "INTERRELATiONS BE FOREHAND BY THE PARTIES INVOLVED, TO IMPOSE A SOLU ODS MUST 8ESElECTED AND DEVELOPED IF THE STRUC COURTS, WAGE FORFEITURES, PROBLEMS OF UNRESOLVED TWEEN SMALL CLAIMS COURTS, CONSUMER PROGRAMS, TION •. ALTHOUGH SUCH PROGRAMS VARY SUBSTANTIALLY TURE OF JUSTICE BASED ON A COURT FOUNDATION IS TO TENSIONS IN DROPPED CASES, AND THE UNSUITABILITY OF THE POLICE, PROSECUTORS, AND CRIMINAL COURTS. MOST IN THEIR STRUCTURE AND IN THE TYPES OF DISPUTES HAN SURVIVE. COURTS ALONE CANNOT CONTINUE TO RESPOND THE ADVERSARY PROCESS IN RESOLVING piFFi:RENCES ONGOING PROGnAMS OF ALTERNATIVE RESOLUTION OF DLED, THEY GENERAllY FOllOW THE SAME PROCEDURE TO THE DEMANDS PLACED ON THEM. TURNING FIRST TO HAVE lED CRIMINAL JUSTICE PROFESSIONALS TO EXPLORE MINOR DISPUTES "WERE DEEMED SUCCESSFUL,· BUT WIT FOR ACQUIRING THE CONSENT OF THE DISPUTING PARTIES THE CIVil AREAS OF DISPUTE; THREE .DISTINCT SUBCATE MEDIATION AS AN ALTERNATIVE. THIS PROCESS RELIES ON NESSES WARNED THAT CAREFUL CONSIDERATION MUST BE SHORTLY AFTER ARREST AND OF DEFERRING THE PROS GORIES FOR ALTERNATIVE TREATMENT MAY BE IDENTIFIED. A THIRD PARTY WHO HELPS DISPUTANTS REACH AN AGREE GIVEN TO ENSURE THEIR QUALITY OF JUSTICE. TEXTS OF ECUTION FOR A PERIOD, PENDING AN ATTEMPT TO RE THESE SUBCATEGORIES INCLUDE DIFFERENT MODES OF MENT BUT DOES NOT COMPEL A RESOLUTION. ARBITRA THE PROPOSED BillS AND ADDITIONAL MATERIALS SUBMIT SOLVE THE PROBLEMS. MEDIATION ARBITliATION PRO RECOVERY ESTABLISHED BY lEGISLATIVE ACTION FOR TION DECISION ON THE OTHER HAND, MAY BE ENFORCEA- TED BY WITNESSES AND OTHERS ARE APPENDED. GRAMS EMPHASIZE THE PERSONAL RESPONSIBILITY OF . BlE OR MERELY ADVISORY. MEDIATION PROGRAMS IN CERTAIN TYPES OF INJURY OR DAMAGES, MEASURES OP Supplemental Notes: HEARINGS HE;~D JUNE 6, 7, 14 AND 18, EACH PARTY RATHEr'l THAN THE NARROW ASSESSMENT OF ERATING WITHIN THE TRADITIONAL COURT OUTLINE DE CLUDE THE COLUMBUS NIGHT PROSECUTORS PROGRAM, 1979. ' lEGAL FAULT. CATHARSIS IS SOUGHT THROUGH THE SU SIGNED TO ELIMINATE OR REDUCE COURT TIME, AND MEAS FUNDED BY· lEAA; THE NATIONAL CENTER FOR DISPUTE PERVISED CONFRONTATION OF PARTIES. NOT A AL~J-lOUGH URES TAKEN PRIOR TO RESORTING TO THE COURT'S AND SETTLEMENT, ESTABLISHED BY THE AMERICAN ARBITRA 5. RECENT TRENDS IN. RESOLVING INTERPERSONAL, COMMU PANACEA, MEDIATION AND ARBITRATION OFFER THE PO 'OPERATING OUTSIDE OF THEM. LEGISLATORS CAN ENACT TION ASSOCIATION; AND THE NEW YORK INSTITUTE FOR NITY AND ENVIRONMENTAL DISPUTES. By M. SVIRIDOFF. TENTIAL FOR PROVIDING MORE MEANINGFUL AND LASTING CHANGES IN SUBSTANTIVE LAW SO AS TO REDUCE COURT MEDIATION AND CONFLICT RESOLUTION DISPUTE CENTER, ARBITRATfON JOURNAL, V 35, N 3 (SEPTEMBER 1980), P SOLUTI0Ns TO ONGOING DISPUTES IN A MORE EFFICIENT SYSTEM PRESSURES 8Y EITHER REMOVING SOME DIS SPONSORED BY THE INSTITUTE FOR MEDIATION AND CON 3-9. i) NCJ-72024 ' AND ECONOMIC,\L FASHION. DUE PROCESS ISSUES ARE PUTI':S F~OM THE COURT~ OR BY SIMPlIFY.lNG GOURT FLICT RESOLUTION. THE DORCHESTER URBAN COURT PRO RECENT TRENDS IN RESO{MNG INTERPERSONAL, COMMU PREVALENT THROUGHOUT THE PROGRAMS; BUT THEY. CAN PROCESSiNG (E.G., NO FAULT DIVORCE STATUTES). OTHER GRAM ALSO OPERATES DISPOSITION AND VICTIM SERVICE NITY, AND ENVIRONMENTAL DISPUTES ARE DISCUSSED AND BE AVOIDED BY USING MINIMAL CARE IN STRUCTURING THE METHODS HAVE BEEN INTRODUCED IN SOME JURISDIC COMPONENTS. OTHER NOTABLE INNOVATIONS INCLUDE IllUSTRATED BY CASE STUDIES. THE MAJOR NEW TRENDS PROGRAMS AROUND 'iDENTIFIABLE GOALS AND RE TIONS. FOR EXAMPLE, IN MICHIGAN A SPECIAL PROCEDURE THE ESTABLISHMENT OF 'NEIGHBORHOOD JUSTICE CEN IN DISPUTE RESOLUTION HAVE THE FOllOWING ELEMENTS: SOURCES. FOOTNOTES ARE PROVIDED, COMBINES MEDIATION WITH ECONOMIC INDUCEMENT FOR TERS IN 1977AND THE OPERATION OF 20 ALTERNATIVE DIS (1) A SIGNIFICANT MOVEMENT AWAY FROM CUM!3~RSOME, PUTE RESOLUTION PROGRAMS BETWEEN 1970 AND 1977. EXPENSIVE, AND USUAllY UNSATISFACTORY LITIGATION 7. WHAT'S NEW IN DISPUTE RESOLUTlvN"By M. SVIRIDOFF. TORT CASES WHERE LIABILITY IS NOT AT ISSUE, COMMENC THE DISPUTE RESOLUTION ACT OF 1979 ESTABLISHES A NA PROCESSES; (2) A GROWING TENDENCY TO SUBST1TUTE NEW YORK LAW JOURNAL, V 183, N 99 (MAY 21,1980), P ING WHEN A PANEL OF THREE RECEIVES DOCUMENTARY TIONAL CLEARINGHOUSE FOR INfORMATION .AND TECHNI FOR LITIGATION A VARIETY OF ALTERNATIVES, SUC!;! AS ME 1-8. NCJ-7Ei254 EVIDENCE AND ,RECOMMENDS A SETTLEMENT. WITH RE CAL ASSISTANCE AND PROVIDES INCENTIVE GRANTS FOR DIATION AND ARBITRATION; AND (3) T,HEADOPTION OF PRO·, THE ARTICLE . PRESENTS ANECDOTAL EXAMPLES OF A SPECT TO CIVIL DISPUTES GENERAllY, COMPLEX ISSUES INNOVATIVE APPROACHES TO DISPUTE RESOLUTION. CEDURES CLOSELY RELATED TO THOSE UNIQUELY SUC GROWING TREND AWAY FROM EXPENSIVE, CUMBERSOME, MUST BE ELIMINATED FROM THE LITIGATION SCHEME, NOTES ARE PROVIDED ANDA. CHARTED COMPARISON OF CESSFUL METHODS BY WHICH AMERICANS SOLVE MOST AND OFTEN UNSATISFACTORY LITIGATION TOWARD A VARI lEGAL RIGHTS MUST BE SIMPLifiED, AND MORE DIVERSION MASSACHUSETTS' MEDIATION PROGRAMS IS PRESENTED. LABOR DISPUTES. THE MOVE AWAY FROM FORMAL LITIGA ETY OF ALTERNATIVES, SUCH AS MEDIATION AND ARBITRA OF DISPUTES FROM THI: COURT SYSTEM MUST OCCUR. IN TION AS A MEANS OF RESOLVING DISPUTES IS DUE NOT TION, WHICH ARE SIMILAR TO THE METHODS USED TO RE THE CRiMINAL FIELD, RISING CRIME RATES AND OVER 4. RESOLUTION OF MINOR DISPlITES-JOINT HEARING ONLY TO THE TIME, EXPENSE, AND STIGMATIZATION IN SOLVE LABOR DISPUTES. A GOOD EXAMPLE OF SUCCESS CROWDED DETENTION FACILITIES NECESSITATE THE IMPLE BEFORE.THE HOUSE SUBCOMMITTEE ON CO.URTS,CIVIL VOLVED, BUT ALSO, BECAUSE MOST CRIMINAL AND CIVIL FUL MEDIATION OF BOTH CRIMINAL AND MINOR COMPLAINT MENTATION or: ALTERNATIVES TO FORMAL CRIMINAL JUS LIBERTIES, AND THE ADMINISTRATION OF JUSTICE AND CASES IS THE CINCINNATI INSTITUTE OF JUSTICE PRIVATE TICE PROCESSING AND CONVENTIONAL FORMS OF PUNISH SUBCOMMITTEE ON CONSUMER PROTECTION AND FI CASES INVOLVE PARTIES WHO ARE NOT STRANGERS TO COMPLAINT PROGRAM, WHICH HAS REDUCED THE MUNICI MENT. THE INCORPORATION OF A MEDIATION OR ARBITRA NANCE, 96TH CONGRESS, FIRST SESSION. US Congress ONE ANOTHEA. IN MANY CASES, THE ADVERSARIAl il House Subcommittee on Courts, Civil Uberties, 3,I1d the Adminis FORMAT IMPOSED BY FORMAL LITIGATION IS NOT APPRO PAL COURT'S CRIMINAL CASELOAD SINCE 1974. THE 4A TION"MODEL .INTO THE CRIMINAL JUSTICE SYSTEM INSTEAD tration of Justice, Washington, DC 20515; US Congress House PRIATE FOR THE NATURE OR THE SPIRIT OF THE DISPUTE. PROGRAM (ARBITRATION AS AN ALTERNATIVE TO ADJUDI OF THE ADJUDICATIVE MODEL HAS BI;EN SUGGESTED. THIS Subcommittee on Consumer Protection and Finance, WaShington, EXAMPLES OF INTERPERSONAL DISPUTE RESOLUTIONS AC CATION), A PROGRAM PIONEERED BY TH~ AMERICAN ARSI APPROACH OFFERS GREATER FLEXIBILITY IN' FACTFINDING DC .20515. 676 p. 1979. NCJ-66984 COMPLISHED THROUGH MEDIATION AND CONFLICT RESOLU TRATION ASSOCIATION, HAS COMBINED MEDIATION AND AR~ AND DISCIPLINE IMPOSITION, INFORMALITY, HUMANENESS, I, THIS PUBLICATION CONTAINS THE TEXT OF JOINT SUBCOM TION ARE PROVIDED FROM NEW YORK, CINCINNATI, AND BITRATION WITH GREAT SUCCESS. RECENTLY, AN EXPERI~ SPeED, AND ECONOMY. fOR OFFENDERS DIVERTED OUT OF I, MITTEE HEARINGS OF THE U.S. HOUSE OF REPRESENTA DETROIT. EXAMPLES OF DISPUTES BETWEENPOMMUNITY MENTAL PROGRAM IN NEW YORK STATE, IN WHICH DAMAGE THE CRIMINAL JUSTICE SYSTEM (WHEN .AN ALTERNATIVE TO , , TIVES ON THE ISSUE OF MINOR DISPUTE RESOLUTION. THE GROUPS, INTERGOVERNMENTAL DISPUTES, AND ENVIRON SUITS INVOLVING $6,QOO q{;l lESS MUST BE ARBITRATED, ARREST IS CHOSEN), COMMUNITY COURTS AND MEDIATION HEARINGS WERE HELD BETWEEN JUNE 6, 1979, AND JUNE MENTAL DISPUTES RESOLVED THROUGH MEDIATION ARE WAS MADE PERMANENT AFTER CUnlNG COURT DOCKETS FORUMS OFFER ANOTHER AVENUE FOR DISPUTE RESOLU 18, 1979, AND CDNSISTED OF THE PREPARED STATEMENTS ALSO PROVIDED. THE OPPORTUNITIES FOR CLARIFYING THE . NEARLY IN HALF. IN ADDITION, CALIFORNIA'S ECONOMICAL TION. FINALLY, DECRIMINALIZATION OF CERTAIN CONDUCT liTIGATION EXPERIMENT,IN WHICH CIVil CASES INVOLVING OF 25 WITNESSES AND AD'DITIONAL STATEMENTS OF 15 OR NATURE OF THE CONFLICT THROUGH THE USE: OF GUIDED ~ AND RECLASSIFICATION OF SOME CRIMES TO lESSER OF· GANIZATION REPRESENTATIVES. THE EXPERT WITNESSES lESS THAN $10,000 ARE BROUGHT TO TRIAL ALMOST IMME COMMUNICATION BETWEEN THE PARTIES AND THROUGH FENSES COULD ALSO' BE CONSIDERED. NO REFERENCES REPRESENTED JUDICIAL AND CITIZEN INVOLVEMENT IN DIATELY, SIGNIFICANTLY REDUCES THE AMOUNT OF TIME RATIONAL COMPROMISE, WHILE AVOIDING THE TIME AND ARE CITED. lEGAL AND CONSUMER AFFAIRS INSTITUTIONS ON AND TROUBLE INVOLVED IN PRETRIAL DISCOVERY AND IN . ',:) , NATION~ COST OF FORMAL LITIGATION, ARE NOTED. Supplemental Notes: ADDRESS GIVEN AT THE NEW YORK Al, STATE, AND LOCAL LEVELS. AMONG THEM WERE THE DI FORMATION PROCESSING. THE DETROIT ,MANDATORY DI Supplemental Notes: THIS ARTICLE WAS PRESENTED AS A COUNTY LAWYERS' ASSOCIATION, NEW YORK, NEW YORK, RECTOR OF THE U.S. OFFICE OF CONSUMER AFFAIRS; A VERSION PRQGRAM REQUIRES THAT CIVil SUITS MUST SPEECH AT THE AMERICAN ARBITRATION ASSOCIATION'S MARCH 19, 1981 (CHARLES EVANS HUGHES MEMORIAL lEC- PROFESSOR OF LAW FROM COLUMBIA UNIVERSITY; AND , FIRST BE HEARD HV A PANEL OF ARBITRATORS-MEDIATORS ARBITRATION" DAY, A CONFERENCE HELD IN NEW YORK TURE). " REPRESENTATIVES OF THE AMERICAN BAR ASSOCIATION, A CITY, MAY 2,1980. , WHO. CONFER AND REACH ACONClUS10N. THE PARTIES VARIETY OF NEIGHBORHOOD JUSTICE CENTERS, THE INSTI '0 ARE FREE TO REJECT THE PANEL'S .DECISION BUT ONLY IF 9. DISPUTE ;:iESOLUTION-SETTLING CONF!-ICTS WITHOUT TUTE FOR SOCIAL ANALYSIS, THE NATIONAL ASSOCIATION 6. MEDIATION AND ARBITRATION AS A CIVIL ALTERNATIVE THEY ARE WILLING TO RISK A SERIOUS PENALTV IF THE lEGAL, ACTION. By T. S. DE~ENB.ERG and R. V. DENEN OF COUNTIES, THE U.S. CHAMBER OF COMMERCE, AND THE TO THE CRIMINAL JIJSTICE SYSTEM-AN OVERVIEW AND COURT DECISION IS NOTSuaSTANTIAlLY DIFFEI3ENT FROM BERG,'. 29 p. 1981. t.\CJ-81413 NATIONAL CENTER FOR STATE COURTS. ADDITIONAL THE PANEL'S.THE FORMAL MEDIATION BETWEEN,\:rHE ARMY·;, lEGAL'ANALYSIS. By P. R. RICE. AMERICAN UNIVERSITY THIS PAMPHLET IS DESIGNED TO INFORM THE PUBLIC STATEMENTS WERE MADE ON BEHALF OF SUCH PRIVATE LA W REVIEW, V 29, N 1. (FALL 1979), P 1H1." cORPS OF ENGINEERS AND lOCAL F{I.RMERS ,')VER THE ABOUT SUCH r~briicouRT ALTERNATIVE DISPUTE SETTlE;- INTERESTS AS THE COUNCil OF BETTER BUSINESS BU NCJ-7226,3 BUILDING OF A DAM ACROSS A RIVER Nt::AR SEATTLE , MENT T[CHNIQUES AS ARBITRATION,' MEDIATION, THE USE REAUS, THE lEGAL SERVICES CORPORATION; THE MOTOR THIS PAPER PRESENTS'AN OVERVIEW AND lEGAL ANALYSIS SHOWS HOW THE .RESULTS REACHED WERE 'SHORTER, OF NEIGHBORHOOD JUSTICE CENTERS, AND OMBUDSMEN, VEHICLE MANUFACTURERS ASSOCIATION, THE NATIONAL OF MgOIATION AND ARBITRATION PROGRAMS AS AN ALTER" CHEAPER; AND MORE SATISFACTORY TO BOTH SiDES THAN ill IN' MEDIATION, IMPARTIAL P,ERSONS HELP ANTAGONISTS SENIOR CITIZENS LAW CENTER, AND SEARS,. ROEBUCK AND NATIVE TO THE CRIMINAL JUSTICE SYSTEM IN RESOLVING CONVENTIONAL ENVIRONMENTAL LITIGATION. THE ARTICl,!: .. REACH THEIR OWN AGREEMENT. IN ARBITRATION, IMPAR- CO. MOST TESTIMONY DEALT WITH THE PROBLEMS OF PRO DISPUTES, BURGEONING CASELOADS COUPLED W!THPRO· CONCLUDES THAT: SUCH EXAMPLES MAY BE THE FfRST , ,riAL PERSONS ARE GIVEN THE ~lJTHgRITY TO DETERMINE VIDING APPROPRIATE FORUMS FOR THE RESOLUT~ON OF CEDURAL DELAYS HAVE ElEEN MAJOR FACTORS->/N REDUC STEP TOWARD A NEW MODE OF DISPUTE RESOLUTION. NO THE OUTCOME, THE ARBITRATOR'S PROPER 'ROLE IS TO MINOR DISPUTES AND THE NECESSITY FOR NEW AP ING THE EFFECTIVENESS OF THE. CRIMINAL, JUSTICE REFERENCES ARE GIVj:N. " MAKE A JUST DECISION BASED ON THE MERITS OF THE PROACHES BOTH WITHIN THE COURT AND OUTSIDE IT. SYSTEM AS A VEHICLE FOR RESOLVING DISPUTES. MEDIA Supplemental Nole.; THIS ARTICLE IS BASED ON AN AD CASE PRESENTED BY EACH SIDE, AN ARBITRATION HEAR· UNDER DISCUSSION WERE BillS H.R. 2863, H.R. 3719, AND TION AND ARBITRATION PROGRAMS PAN HELP RELIEVE DRESS GIVEN DURING AN, 'ARBITRATION DAY' P\'1qG~AM ARRANGED SY THE AMERICAN ARBITRATION. ASSOCIATION. ING) OFTEN COSTS AS LlTJlE AS $150 AND CAN"'BE COM S. 423, All OF WHICH PROPOSED USE AND EVALUATiON OF SOME OF THE DEBILITATING PRESSURM ON THE CRIMINAL " \J. . • '. - ;; o')','} PLETED WITHIN HOURS. THE ARBITRATOR IS OFTEN AN A WIDE VARIETY OF AlTERNATJVES TO FORMAL ADJUDICA ,JUSTICE SYSTEM. MEDIATIONPROGR.AMS PROVIDE A NEU 8: HIGHWAYS AND BYWAYS'OF LEGALRESOLUT.I()N.~y L EXPERT IN THE "MATTER UNDER DISPUTE, ALTHOUGH TION, A NATIONAL INFORMATION CLEARINGHOUSE, AND A TRAL PERSON TO ASSIST THE ACCUSED AND THE AllEGED H.COOKE. 17 p. 1981. ' .NcJ·7i'~72 " ANYONE AGREEABLE TO BOTH SIDES MAY SERYE. ARBITRA TECHNICAL ASSISTANCE PROGRAM •. AMONG 'THE PROBLEM VICTIM IN ARRIVING AT A MUTUALLY .AGREEABlE SOLUTION " THIS ADDRESS, PREPARED BY NEW YORt{',S CHIEF'JUDGfE, "liON IS BEING USED TO DEAL WITH CONSUMER PROBLEMS, ATiC ISSUES RAISED WERE STATE AND FED.ERAL SEPARA- TO THEIR DISPUTE, ARBITRATION PROGRAMS PROVIDE E)

4 ;..~ " "

OVERVIEW TECHNIQUES AND APPLICATIONS 1978 - 1982 OVERViEW

DISPUTES. A8B1TRATION OF GRIEVANCES UNDER EXISTING RETICAL, AND EMPIRICAL ISSUES ASSOCIATED WITH EVALU· COLLECTIVE B~~~GAINING AGREEMENTS, MOST COMMONLY ATING REFORMS IN THE STRUCTURE, STAFFING, AND OPER 13. MEDIATION-A BOON TO COURTS AND CITIZENS. By L. H. TION OF THE PROBLEM AND SET TERMS FOR ITS RESOLU COOKE. COURT REVIEW, V 20, N 1 (FALL 1982), P 8-11, CALLED 'RIGHTS-'ARBITRATION,' IS lJ~!;Q IN.!AaQA CASJ;S, ATION OF STATE AND FEDERAL COURTS. THE FIRST TWO TION. CURRENTLY, MORE THAN 180 MINOR DISPUTE CEN· 16. NCJ-85702 NEIGHBORHOOD JUSTICE CENTERS ARE INCREASINGLY PAPERS PROVIDE OVERVIEWS OF MAJOR JUDICIAL REFORM TERS OPERATE IN 40 STATES, WITH ANOTHER 17 CENTERS BEING USED TO HANDLE DOMESTiC QUARRELS AND NEIGH· WHEN PROPERLY ADMINISTERED, MEDIATION PROGRAMS ENVISIONED. THE EFFECTIVENESS OF ALTERNATIVE DIS· ISSUES, BEGINNING,WITH AN OUTLINE OF CHANGES IN THE SIMULTANEOUSLY INVOLVE THE COMMUNITY IN RENDERING BORHOOD SQUABBLES. OMBUDSMEN HAVE BEEN ESTAB· FEDERAL JUDICIAL ADMINISTRATION DURING THE TENURE PUTE RESOLUTION WILL DEPEND ON AN INFORMED PUBLIC L1SHED IN SUCH SETTINGS AS GOVERNMENT BUREAUCRA· JUSTICE, PROVIDE ACCESS TO ALL CITIZENS IN AN EFFI OF CHIEF JUSTICE BURGER. THE COMPANION ESSAY FO AND THE PROFESSIONALS WHO OPERATE THE DISPUTE CIES, UNIVERSITIES, AND NURSING HOMES TO HELP CITI· CIENT MANNER, AND STRUCTURE REMEDIES THAT ARE UN· RESOLUTION CENTERS. CUSES ON STATE COURT .REFORMS, WITH ATTENTION TO ZENS DEAL WITH THEIR GRIEVANCES AGAINST THE AGEN· AVAILABLE IN COURT. MEDIATION OFFERS A RADICAL DE· POLITICAL FORCES THAT OFTEN CLASH .IN THIS AREA. PER PARTURE FROM ARBITRATION AND THE JUDICIAL PROCESS. CIES. OMBUDSMEN ,HAVE NO ENFORCEMENT POWER BUT 15. DISPUTE RESOLUTION-SETTLING CONFLICTS WITHOUT SPECTIVES ON THE INCREASING BUREAUCRATIZATION OF EXERCISE STRONG MORAL AUTHORITY. PRIVATE ORGANIZA· MEDIATION'S MOST NOTABLE FEATURE IS ITS DEDICATION LEGAL ACTION. By T. S. DENENBERG and R. V. DENEN TIONS AND GOVERNMENT AGENCIES INVOLVED IN ALTER· AMERICAN COURTS ARE OFFERED BY AN ANALYSIS OF TO THE PARTIES' SELF·RESOLUTION OF THEIR DISAGREE· BERG. 32 p. 1981. NCJ·87384 NONADVERSARIAL PROCEEDINGS AND AN EMPIRICAL MENT; THE MEDIATOR ENCOURAGES COMMUNICATION, AS NATIVE DISPUTE RESOLUTION ARE LISTED. CASE EXAMPLES THIS BOOKLET DESCRIBES THE TECHNIQUES USED AND STUDY OF JUDICIAL INVOLVEMENT IN PRETRIAL CASE PROC SISTS IN IDENTIFYING AREAS OF DISAGREEMENT, AND OF DISPUTES ARE ALSO PROVIDED. THE PROCEDURES INVOLVED IN NONJUDICIAL DISPUTE RES ESSING. THE NEXT PRESENTATION REVIEWS RESEARCH ON WORKS TO BRING PARTIES TO A RESOLUTION DEFINED BY Supplemental Notes: PUBLIC AFFAIRS PAMPHLET. OLUTION, AND INCLUDES SOME TYPICAL CASES. MOST MEDIATION AND ARBIT.RATION, CONCLUDING THAT THESE THE PARTIES THEMSELVES. ISSUES THAT MUST BE AD· Availability: Public Affairs Committee, Inc, 381 Park Avenue CASES ARE HANDLED BY MEDIATION AND ARBITRATION, OR METHODS HAVE SOME VALUE AS ALTERNATIVES TO COURT DRESSED WHEN DEVELOPING A LOCAL MEDIATION PRO· &!!!h, NSrV;(otk, NY 10011'$, A COMBINATION OF THE TWO. THESE TECHNIQUES ARE IN'TERMS OF COST, FLEXIBILITY, AND PERCEIVED FAIRNESS GRAM INCLUDE AVAILABILITY OF SERVICES TO THE PUBLIC, 'l BEING APPLIED IN COMMERCIAL AND CONSUMER DISPUTES, 10. MEDIATION-IS IT AN EFFECTIVE ALTERNATIVE TO ADJU- EDUCATION OF THE PUBLIC REGARDING THE MEDIATION TO LITIGANTS. THE PR08LEM OF SIMULTANEOUSLY PRO· LABOR·MANAGEMENT RELATIONS, NEIGHBORHOOD AND DICATION IN RESOLVI~" ;:riiSQiIIER COMPLAINTS? By G. CONCEPT, AND AREAS OF DISPUTE THAT WILL BE HANDLED. _ TECTING JUDICIAL INDEPEN!:!ENCE WHILE ASSURING QUAL FAMILY STRIFE, AND CLASHES OVER ENVIRONMENT. IN AD F. COLE, R. A. HANSON, and J. E. SILBERT. American Bar' ONE OF THE MAJOR CIVIL AREAS SUITABLE FOR MEDIATION Association Action Commission to Reduce Court Costs and Delay, ITY JUDICIAL PERFORMANCE IS THEN CONSIDERED. WHILE DITION, GOVERNMENTS AND OTHER LARGE INSTITUTIONS IS THAT OF LANDLORD·TENANT DISPUTES. NEIGHBORHOOD 1800 M Street, NW, 2r.d Floor, Soutl) Lobby, Washington, DC ONE STUDY ASSESSES RESEARCH ON THE MAJOR ALTER HAVE CREATED MECHANISMS SUCH AS GRIEVANCE PROCE DISPUTES ARE ALSO PARTICULARLY AMENABLE TO MEDIA· 20036. JUDICATURE, V 65, N 10 (MAY 1982), P 481·489. NATIVE METHODS OF STATE JUDGE SELECTION, THE OTHER DURES AND OMBUDSMEN TO SETTLE DiSPUTES BETWEEN TION, AS ARE CONSUMER·MERCHANT DISPUTES AND DO· NCJ-82966 EXPLORES WAYS TO EVALUATE THE PERFORMANCE OF SIT THEM AND INDIVIDUALS .. THE MANY APPLICATIONS OF DIS· MESTIC DISPUTES. MEDIATION IS ALSO AN AVAILABLE AL THE POTENTIAL ADVANTAGES OF MEDIATION AS AN ALTER. TING JUDGES. AN ANALYSIS OF THE CONSEQUENCES OF PUTE RESOLUTION ARE JUST BEGINNING TO BE EXPLORED. TERNATIVE IN THE CRIMINAL ARENA. BY MAKING THE CRIMI· NATIVE TO ADJUDICATION IN RESOLVING PRISONER COM. THE JUDGES' BILL OF 1925 PROVIDES ONE VIEW ON COURT THE BOOKLET DISCUSSES THE ARRANGEMENTS INVOLVED PLAINTS ARE DISCUSSED AND TESTED IN A MEDIATION ORGANIZATIONAL INNOVATION, AND ANOTHER PAPER NAL ANSWERABLE TO THE VICTIM, FUTURE CRIMINAL ACTS IN THE VARIOUS TYPES OF NONJUDICIAL DISPUrE RESOLU· PROJECT AT THE FEDERAL CORRECTIONAL INSTITUTION AT ' MAY BE DETERRED. THE MEDIATION APPROACH WOULD BE ARGUES THAT A FRANCHISE, CORPORATION, OR FEDERAL TION AND THE BENEFITS TO BOTH PARTIES FROM SELECT DANBURY, CONN. IN THE FACE OF THE HIGH VOLUME OF USEFUL WITH CRIMES SUCH AS VANDALISM, TRESPASSING, MODEL OF COURT ORGANIZATION MIGHT BE MORE APPflO· ING DISPUTE RESOLUTION. A LIST OF 12 RESOURCE ORGA INMATE LITIGATION F!:OODING THE COURTS SINCE THE U.S. PRIATE THAN THE TRADITIONAL VERTICAL AUTHORITY AND SIMPLE ASSAULT. THE MOST TANGIBLE GAIN is THE NIZATIONS IS INCLUDED FOR FURTHER INFORMATION. SUPREME COURT RULED THAT PRISONERS WERE ENTITLED STRUCTURES. THE SYMPOSIUM CLOSES WITH A DISCUS LESSER COST OF DISPQg;ING OF EACH CASE THAT IS RE· TO THE PROTECTIONS OF THE CIVIL RIGHTS ACT OF ,1871, SOLVED THROUGH MEDIATION. NO REFERENCES ARE Supplemental Notes: PUBLIC AFFAIRS PAMPHLET NUMBER SION OF CHIEF JUSTICE BURGER'S PROPOSAL THAT EVERY 597. MEDIATION PROMISES TO FACILITATE SETTLEMENT OF DIS NEW PIECE OF FEDERAL LEGISJ..ATION THAT MIGHT CREATE CITED. Availability: Public Affairs Committee, Inc" 381 Park Avenue PUTES, SINCE THE INFORMALITY Of.JHEPROCESS STANDS NEW CASES FOR THE FEDERAL COURTS BE ACCOMPANIED 14. ALTERNATIVE DISPUTE RESOLUTION-FROM A LEGAL South, New York, NY 10016. IN CONTRAST TO THE COMPLEX, CUMBERSOME PROCE BY A JUDICIAL IMPACT STATEMENT. THE ARTICLE INCLUDED 'I DIjRES OF THE COURTROOM. OTHER ADVANTAGES OF ME SERVICES PERSPECTIVE, FROM A NATIONAL PERSPECTIVE. FOUR REFERENCES. (AUTHOR SUMMARY MODIFIED) ,r DIATION ARE THE, FREEDOM FOR QUESTIONING THAT AIDS By J. M. RIFKIN, J. SAWYER, and L. E. RAY. NLADA BRIEF 16. USE OF MEDIATION, CONCiLIATION AND NEGOTIATION r' THE EXPLORATION OF:;UNDERLYING ISSUE:S AND ITS EFFEC Sponsoring Agency: US Department of Justice National Institute CASE, V 39, N 1 (FALL 1982), P 20·26. NCJ-87273 TECHNIQUES IN THE CONTEXT OF ADULT DIVERSION IN TIVENESS If'!.' DEALlN@ WIT~L,ADMINISTRATIVE PROBLEMS of Justice, 633 Indiana Avenue NW, Washington, DC 20531. ONE SECTION OF THIS ARTICLE DESCRIBES THE ELEMENTS CANADA (FROM CONCILIATION AND ARBITRATION, P 8-43, THAT REQUIRE,ADMINISTRATIVE SOLUnONS. BETWEEN OC OF THE MEDIATION PROJECT OF THE LEGAL STUDIES PRO· 1980, LOUIS KOS·RABCEWICZ-ZUBKOWSKI, ED.). By F. BERTRAND. 36 p. 1980. NCJ·88382 TOBER 1960 AND JUNE 1981; INMATES AT THE FEDERAL 12. ART OF NEGOTIATION. By C. ASPLER. CORRECTIONAL GRAM AT THE UNIVERSITY OF MASSACHUSETTS AMHERST. CORRECTIONAL INSTITUTI9N.,AT DANBURY, CONN., HAD OPTIONS, V 2, N 1 (FALL 1982), P 34-42. NCJ-S4746 AND THE SECOND SECTION OF THE ARTICLE EXAMINES THE FOLLOWING A DISCUSSION OF THE DEVELOPMENT OF THE ACCESS TO A MEDI4TOR PROVIDED BY THE NATIONAL DISPUTE RESOLUTION MOVEMENT FROM A BROAD '''MTION. CONCEPT OF DIVERSION IN CANADA, SPECIFIC DIVER· THE PROCESS OF NEGOTIATION IS EXAMINED, WITH ATTEN· CENTER FGR CORREdnONALMEDIATION. THE PROGRAM AL PERSPECTIVE. THE UNIVERSITY OF MASSACHUSET'rS ME· SION PROGRAMS USING THE TECHNIQUES OF MEDIATION, SOUGHT TO RESOLVE THROUGH MEDIATION PRISONER TION TO SOME OF THE CRITICAL ELEMENTSTI'iAT AFFECT DIATION PROJECT USES A TEAM OF TWO MEDIATORI~ FOR CONCILIATION, AND NEGOTIATION ARE DESCRIBED, INCLUD· CIVIL RIG_HTS CQMPLAINTS .THAT HAD BEEN FILED IN THE THE DIRECTION AND OUTCOME OF NEGOTIATIONS. THE 1M· EACH DISPUTE AND IS COMMITTED TO CONFIDENTIALITY ING THE TECHNIQUES USED AND THE OPTIONS FOR ACTION FEDERAL COURTS. THe; PROGRAM EMPHASIZED THAT BOTH PORTANCE OF PROBATION PAROLE OFFICERS UNDER· AND THE VOLUNTARY PARTICIPATION OF THE DISPUTING THAT DEPEND ON VARIOUS OUTQOMES. CANADA BEGAN TO ", 'PARTIES' HAD TO AGREE\ TO SOBMIT THE CAUSE TO MEDIA STANDING THE ART OF NEGOTIATION IS EMPHASIZED. FOR PARTIES. PAIRS OF MEDIATORS ARE CAREFULLY ASSIGNED SHOW AN INTEREST IN DIVERSION PROGRAMS IN THE) \ 'TION~' ACTIONS DURING THE BASELINE PERIOD WHICH IN· A NEGOTIATION TO BE SUCCESSFUL, BOTH PARTIES MUST TO EACH DISJ;'UTE BASED ON AN ASSESSMENT OF THE EARLY 1970'S, AND MANY DIFFERENT KINDS OF DIVERSION"-,) VOLV§D CIVIL 'R!~HTS COMPLAINTS WERE .ABOUT EQUALLY BE SATISFIED WITH THE OUTCOME, AND THIS CAN ONLY NATURE OF 'IHE DISPUTE AND THE CHARACTERISTICS OF PROJECTS COVERING A WIDE RANGE OF FUNCTIONS FROM DIVIDED AMONG SUCH ISSUES AS.,FURLOUGHS CONDITIONS OCCUR THROUG!;l A COOPERATIVE EFFORT. A FAILURE TO THE DISPUTANTS. IN EFFECTIVE MEDIATIONS, EACH PARTY PREVENTION TO CORRECTION DEVELOPED. BECAUSE OF CO~IFINEMENr, TRANSFER,fREEDOM OF INFORMATION TAKE A CLOSE LOOK AT WHAT PEOPLE NEGOTIATE CAN GIVES UP SOMETHING AND RECEIVES SOMETHING PROJECTS DEVELOPED WITHOUT SUFFICIENT GUIDANCE, MEDICAL. fl;~D MAIL,I-ALTHOLiGH THE BASELINE DATA STIFLE EFFECTIVE NEGOTIATION. THE PSYCHOLOGICAL THROUGH THE AGREEMENT. SUCCESSFUL MEDIATIONS OFFICIAL COMMITTEES WERE FORMED TO GUIDE THE EVO· SHOWEU THAT ,M03T\~ASES WERE INAPPROPRIATE FOR NEEDS OF THE PARTIES, ALTHOUGH RARELY EXPRESSED RESULT IN WRITTEN AGREEMENTS SIGNED BY ALL PARTIES LUTION OF A CANADIAN CONCEPT OF DIVERSION. A 1979 " MEDIATION,;OmER INDlcATORS'POINTED TO A POSSIBLE OPENLY, ).LWAYS FORM PART OF THE NEGOTIATION pACK AND BY THE MEDIATORS. AFTER THE AGREEMENT IS FEDERAL DISCUSSION PAPERl1ESTRICTS THE USE OF DI ROLE' FOR TI;lE RROJgCT.:MEDlATION WAS ATTEMPTED IN AGE. BARRIERS TO EFFECTIVE NEGOTIATION INCLUDE IN SIGNED, THE CASE COORDINATOR SPEAKS TO THE PARTIES VERSION TO POSTCHARGE PRETRIAL ALTERNATIVES TO ONLY ONE OF THE 32 CAS(:S, 'AND THAT CASE DID NOT SENSITIVITY TO THE NEEDS AND PREFERENCES OF THE NE AT SPECIFIED INTERVALS TO DETERMINE IF THE AGREE· COURT PROGRAMS FOR PROSECUTABLE OFFENSES. PRO RESULT IN AN AGREEMENT. FUTURE, CONSIDERATIONS GOTIATING PARTNER, INABILITY TO THINK CREATIVELY, AND MENT IS BEING IMPLEMENTED. IF THE AGREEMENT IS VIOe GRAMS THAT ARE NONADVERSARIAL AND RESOLVE CON· SHOULD FOCUS ON THE NATURE OF COMPLAINTS ARISING AN UNWILLINGNESS TO ESTABLISH A RANGE OF POSitiONS LATE9, THE PARTIES MAY REMEDIATE THE PROBLEM OR FLICTS THROUGH MEDIATION ARE ADVOCATED. IN FEDERAL IN SPECIFIC INSTIT\lTIONS; TRE1'NCENfltJES OF THE PAR WITHIN WHICH SETTLEMENT MAY BE POSSIBLE, A TOTAL THE CASE WILL BE OFFICIALLY CLOSED. THE AGREEMENT POLICY PROPOSALS, THE FOLLOWING CONDITIONS ARE AS· TICIPANTSTO ~"'DIATE, rrlE ROLE OF THE MEDIATOR, AND RANGE OF OPTIONS CANNOT BE DEVELOPED UNLESS THE HAS NO LEGAL STANDING BEfORE A COURT. THE SOCIATED WITH THE USE OF MEDIATION: (1) PARTICIPATION THE STRUCTURE FOR, RENDERING THE MEOIATION SERV OPTIONS ARe EVALUATED AGAINST THEIR POSSIBLE CON STRENGTH OF THE AGREEMENT LIES IN ITS BEING AGREED IN THE DIVERSION PROGRAM IS VOLUNTARY; (2) THE SELEC· ICES. THIRTEEN FOOTNOTES ARE LISTED;, .AND TABULAR SEQUENCES AND THE RESPONSES THEY WILL GENERATE TO BY THE PARTIES INVOLVED. THROUGHOUT THE COUN· TION CRITERIA DO NOT EXCLUDE CASES WHERE THERE DATA ARE PRoVIDED. '" __ .II, " FROM THE OTHER SIDE. FALLBACK POS!TIONS AND POINTS TRY, A OISPUTE RESOLUTION MOVEMENT IS GROWING BE WAS NO PRIOR RELATIONSHIP BETWEEN THE OfFENDER SponsorIng Agency: NaUtlral In~titute of Co~ections, 320 First OF COMPROMISE NEED TO, BE DETERMINED IN ADVANCE. CAUI:lE OF COURT CASE BACKLOGS AND DISSATISFACTION AND VICTIM: (3) THE SELECTION CRITERIA DO NOT EXCLUDE Street, NW, Wa,shington, DCfW51. ''. ' ANOTHER FACTOR IN NEGOTIATION IS THE USE OF POWER. WITH THE ADVERSARIAL STRUCTURE FOR RESOLVING VICTIMLESS CRIMES, CASES OF REFUSAL BY A VICTIM TO " 11. SYMPOSIUM ON JUDICIAL "REFORM •. P,l~ D~BOIS. Ed. SOMETIMES, AGREEMENT IS ENHANCED NOT BY ACQUIRING MANY TYPES OF PERSONAL DISPUTES. TECHNIQUES GEN· PARTICIPATe IN A DIVERSION PROGRAM, NOR CASES POLICY STUDIES JOURNAL, V 100' N 4' (JUNE 1982), P POWER, BUT BY GIVING IT AWAY. THREE REFERENCES ARE ERAl.LY USED ARE (1) ARBITRATION, WHERE A NEUTRAL WHERE THE VICTIM REFUSES TO MEET THE OFFENDER; (4) , i !:l63·779. .,~. ,NCJ.84719 GIVEN. Ie THIRD PARTY SETTLES A DISPUTE; (2) MEDIATION, WHERE A FAILURE TO REACH A NEGOTIATED AGREEMENT CONSTI· THIS ARTICI:E SUMMARIZES NINl::lESSAYS IN A SYMPOSIUM lr' NEUTRAL THIRD PARTY ASSISTS IN REACHING A COMPRO· TUTES AN EXCLUSION CRITERION: AND (5) FAILURE TO Availability: National Institute of JUstice NatIonal Criminal Justice , . .THAt ADDRESSES f\ VARIETY OF METHODOLOGICAL, THEO Reference Service Microfiche Program. ' MISE; ANO (3) CONCILIATION, WHERE A NEUTRAL THIRD COMPLY WITH THE TERMS OF AN AGREEMENT UNDER THE I, PARTY HELPS'DISPUTANTS ARRIVE ATA COMM,ON DEFINI· POLICY PROPOSALS CONSTITUTES 'WILLFUL FAILURE.' CUR·

6 7 -~-- ",

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OVERVIEW TECHNIQUES AND APPLICATIONS 1978 - 1982 OVERVIEW

RENTLY CANADA HAS 10 DIVERSION PROGRAMS. FOUR COMPARED WITH THEIR VOLUNTARY COUNTERPARTS, MAN· PUTES, FACTORS THAT SHOULD BE CONSIDERED BY THE TICE SYSTEM AND AS COMMUNITY-BASED PROGRAMS. THE PROGRAMS USE ONLY MEDIATION TO RESOLVE CONFLICTS; DATORY MEDIATION AND ARBITRATION PROGRAMS COME PRIVATE SECTOR, AND A CONSUMER'S VIEW OF 4-YEAR EFFORT THAT LE[JTO NEW YORK'S ESTABLISHMENT THREE USE MEDIATION AND NEGOTIATION; TWO USE PRI· CLOSER TO SUCCEEDING (AND IN SOME CASES DO SUC" THIRD·PARTY MECHANISMS. SEVERAL MODEL PROGRAMS IN 1981 OF A STATE·FUNDED NETWORK OF MARILY'NEGOTIATION; AND ONE COMBINES CONCILIATION CEED) IN REDUCING COURT CONGESTION AND ACHIEVING ARE DESCRIBED, INCLUDING A CONCILIATION SERVICE FOR COMMUNITY.BASED DISPUTE RESOLUTION CENTERS IS DE WITH NEGOTIATION. EACH OF THE 10 PROJECTS IS DE· PUBLIC COST SAVINGS TOO. IN THE LAST DECADE" THERE RESOLVING TENANT-LANDLORD DISPUTES, THE APPLIANCE SCRIBED. A DISCUSSION OF ISSUES THAT MUST BE FACED SCRIBED, WITH ATTENTioN TO THOSE ASPECTS OF THE HAS BEEN A RESURGENCE OF INTEREST IN ALTERNATIVES INDUSTRY'S SOLUTION TO CONSUMER DISPUTES, A PRO· IN STARTING A MEDIATION PROGRAM FOCUSES ON PROJECTS BEARING ON THE DISPUTE SETTLEMENT PROC TO ADJUDICATION. NUMEROUS MEDIATION AND GRAM UNDERTAKEN BY A COALITION OF CORPORATION SOURCES OF REFERRALS, TYPES OF CASES TO INCLUDE ESS. THIRTEEN FOOTNOTES AND SEVEN REFERENCES ARE COURT·ANNEXED ARBITRATION PROGRAMS HAVE BEEN INI· COUNSELS, UTILITY CONSUMER MEDIATION AND ARBITRA· AND EXCLUDE, THE USE OF VOLUNTEERS, AND THE NEED PROVIDED. ' TIATED. MANY GOALS HAVE BEEN POSITED FOR SUCH PRO· TiON IN PENNSYLVANIA, AND CONSUMER ARBITRATION IN A TO BALANCE PROFESSIONALISM AND AN INFORMAL ATMOS· GRAMS, INCLUDING THE JUDICIAL OBJECTIVES OF REDUC RECESSION. ADDITIONAL PAPERS FOCUS ON MINOR DIS PHERE. REPRESENTATIVES OF SEVERAL MEDIATION PRO· 17; ALTERNATIVE DISPUTE RESOLUTION-WHO'S IN CHARGE ING COURT BACKLOGS, AND ACHIEVING SAVINGS IN TIME PUTE PROCESSING, NONJUDICIAL DISPUTE RESOLUTION GRAMS IN NEW YORK STATE NOTE THAT THE MAIN PROB· 'MECHANISMS, DISPUTE RESOLUTION IN THE FUNERAL OF MEDIATION? (;inerican Bar Association Special Committee AND MONEY AS WELL AS INCREASING DISPUTANTS' ACCESS LEMS INVOLVED IN OPERATING THESE PROGRAMS ARE on 'Resolution of Minor Disputes, 1800 M Street, NW, Washington, SERVICE INDUSTRY, SMALL CLAIMS COURT IN CALIFORNIA, TO, AND QUALITY OF, JUSTICE. (AUTHOR ABSTRACn STAFF BURNOUT, LARGE CASELOADS, DIFFICULTIES IN DC 20036. 97 p. 1982. NCJ-89151 NEGOTIATION, AND INTERNAL REVENUE SERVICE DISPUTE FINDING VOLUNTEER MEDIATORS, AND THE NEED TO BE "SYMPOSIUM PRESENTATIONS CONSIDER THE SPONSORS RESOLUTION. TABLES, CHAPTER NOTES AND REFERENCE 19. MEDIATION ... AN ALTERNATIVE THAT WORKS. By A. CONSCIOUS OF SECURITY. THE WAYS IN WHICH THE SPE· OR LINKS OF MEDIATION PROGRAMS, THE BACKGROUNDS DAVIS. Massachusetts District Court Department Trial Court of LISTS, AND 350 REFERENCES ARE PROVIDED. CIAL COMMITTEE ON DISPUTE RESOLUTION OF THE AMERI· OF MEDIATORS, AND VARIOUS TYPES OF MEDIATION PRO Massachusetts, Holyoke Building, Holyoke Square, Salem, MA Availability: American Bar Association Special Committee on Res GRAMS. THE PRESENTATIONS INDICATE THAT DIVERSE ME· 01970. 34 p. 1983. NCJ·90676 olution of Minor Disputes, 1800 M Street, NW, Washington, DC CAN BAR ASSOCIATION ACTS AS FACILITATOR AND PRO· DIATION PROGRAM GOALS COMPLICATE THE DETERMINA THIS OVERVIEW OF MEDIATION EXAMINES THE NATURE OF 20036. " MOTER 'FOR DISPUTE RESOLUTION IN THE UNITED STATES ARE EXPLAINED. OTHER ISSUES EXAMINED INCLUDE METH TION OF WHO SHOULD SPONSOR A MEDIATION PROGRAM. h MEDIATION, THE TRAINING OF MEDIATORS, THE SKI\..LS 'RE· THOSE EMPHASIZING HIGH-SHOW RATES FOR USERS OF , QUI RED IN MEDIATION, AND ISSUES RAISED BY MEDIATION. 21. ALTERNATIVES TO LITIGATION AND ADJUDICATION-A ODS OF RESEARCH AND EVALUATION OF ALTERNATIVE DIS CONFERENCE HELD IN MADISON, WISCONSIN, DECEMBER 8, THE PROGRAM FAVOR FORMAL LINKS TO THE LEGAL PUTE RESOLUTION PROGRAMS, RECRUITMENT AND TRAIN· SOME DEFINITIONS OF MEDIATION ARE PRESENTED, FOL· 1978. Wisconsin Office of State Courts, 213 NE State Capitol, ING OF MEDIATORS, AND THE ELEMENTS NECESSARY FOR SYSTEM, AN ARRANGEMENT THAT TYPICALLY PRODUCES LOWED BY A COMPARISON OF MEDIATION WITH ADJUDICA· Madison, WI 53702. 109 p. 1982. NCJ-91480 A SUCCESSFUL NEIGHBORHOOD JUSTICE SYSTEM, BASED HIGH-SHOW RATES. ABOUT 30 PERCENT OF MEDIATION TION, AR81TRATION, CONCILIATION, AND THE USE OF AN CONFERENCE ADDRESSES DEAL WITH ASPECTS OF l'HE DE· PROGRAMS ARE COURT-RELATED. THE JUDGE'S APPROVAL OMBUDSPERSON. THE BENEFITS OF MEDIATION ARE LISTED VELOPMENT AND MAINTENANCE OF ALTERNATIVE DISPUTE ON THE EXPERIENCE OF THE COMMUNITY BOARDS PRO OF MEDIATION PROGRAMS BECOMES ESSENTIAL FOR SUC AS ITS BEING AFFORDABLE, TIMELY, CONVENIENT, CO~· RESOLUTION PROCESSES AND PROGRAMS AT THE FEDER GRAM IN SAN FRANCISCO. CESS IN SUCH A LINKAGE, WHICH MEANS THE PROGRAM FORTABLE, UNDERSTANDABLE, PRIVATE, CONFIDENTIAL, AL, STATE, AND LOCAL LEVELS, WITH ATTENTION TO MEDIA· Supplemental Notes: DISPUTE RESOLUTION PAPER SERIES, ENJOYS 'SYSTEM' RECOGNITION. THE ISSUE OF TAKING HEALING, AND EFFECTIVE. MEDIATION IS INDICATED TO BE TOR TRAINING, PROGRAM IMPLEMENTATION AND ADMINIS· NUMBER 2. CASES (I.E., MONEY) FROM THE LAWYERS THAT WOULD PARTICULARLY APPROPRIATE FOR DISPUTES BETWEEN TRATION, AND LEGAL ISSUES AND IMPLICATIONS. ONE Availability: American Bar Association, 1155 East 60th Street, OTHERWISE BE INVOLVED IN THE CASE NEEDS TO BE AD FAMILY MEMBERS, NEIGHBORS, FRIENDS, TEACHERS AND PAPER EXAMINES PROGRESS IN SOME FEDERAL Ap· DRESSED. AN ADMINISTRATOR OF A COMMUNITY MEDIA Chicago, IL 60637. STUDENTS, LANDLORDS AND TENANTS, AND CONSUMERS PROACHES TO ALTERNATIVE fORMS OF DISPUTE SETTLE· Ii TION PROGRAM ADVOCATED COMMUNITY SPONSORSHIP OF AND MERCHANTS. THE OVERALL PROCESS OF MEDIATION IS MENT, NOTABLY AN ARBITRATION EXPERIMENT IN THREE SUCH PROGRAMS, EVEN THOUGH LOW-SHOW RATES OFTEN PORTRAYED AS REFERRAL TO THE MEDIATION PROJECT BY FEDERAL DISTRICTS INVOLVING MONETARY CASES THAT 23. PATHS TO JUSTICE-MAJOR PUBLIC POLICY ISSUES OF RESULT, BECAUSE SUCH PROGRAMS ARE BELIEVED TO BE THE POLICE, COURTS, OR COMMUNITY AGENCY; INTAKE FOCUS PRIMARILY ON FACTUAL ISSUES AND THE FUNDING DISPU1E RESOLUTION. National Institute for Dispute Resolu tion, 1901L Street, NW Suite 600, Washington, DC 20036. 46 MORE RESPONSiVE TO COMMUNITY CONCERNS. ONE INTERVIEW; HOLDING OF THE MEDIATION SESSION; THE DE OF THREE NEIGHBORHOOD JUSTICE CENTERS. ANOTHER p. 1984. NCJ-93038 SPEAKER SUGGESTED THAT UNDER MEDIATION PROGRAMS, VELOPMENT OF A WRITTEN AGREEMENT BETWEEN THE ADDRESS DESCRIBES FOUR PROGRAMS DESIGNED TO A NEW PROFESSION OF LAWYER-MEDIATOR IS EMERGING, PARTIES; AND FOLLOWUP BY A COORDINATOR. THE STAGES HANDLE DISPUTES INVOLVING JUVENILES THROUGH COM· THIS REPORT DISCUSSES PUBLIC POLICY ISSUES ASSOCIAT BUT OTHERS FAVOR MEDIATORS COMING FROM THE OF THE MEDIATION SESSION ITSELF ARE ALSO BRIEFLY DE· MUNITY MEANS OTHER THAN FORMAL JUVENILE COURT ED WITH ALTERNATIVE DISPUTE RESOLUTION MECHANISMS, RANKS OF SOCIAL PSYCHOLOGISTS OR CITIZEN USERS OF SCRIBED. THE TOPICS DISCUSSED IN THE SECTION ON THE PROCESSING, FOLLOWED BY AN ADDRESS THAT DISCUSSES WITH ATTENTION TO CHOOSING AMONG LITIGATION, ARBI· THE PROGRAM TRAINED IN MEDIATION. NONPROFIT PRO· TRAINING OF MEDIATORS INCLUDE THE SELECTION OF ME THE FOLLOWING LEGAL IMPLICATIONS OF MEDIATION AND TRATION, AND MEDIATION; EVALUATION STANDARDS; AND GRAMS APPEAR TO HAVE AS:JMUCH SUCCESS AS OTHER DIATORS, THE LENGTH OF TRAINING, THE TRAINING ARBITRATION: THE CONFIDENTIALITY OF COMMUNICATIONS ItjlSTITUTIONALlZING ALTERNATIVES TO COURTS. THE AD PROGRAMS, WITH THE MAJOR BENEFIT BEING THE USE OF FORMAT, AND THE SKILLS EMPHASIZED IN TRAINING. SOME AND RECORDS WITHIN THE PROGRAMS, THE EQUAL PRO H"bc PANEL ON DISPUTE RESOLUTION AND PUBLIC POLICY VOLUNTEERS, WHILE THE MAJOR PROBLEMS ARE FUNDING IMPORTANT ISSUES RAISED BY MEDIATION ARE (1) WHETH· TECTION IMPLICATIONS OF SCREENING CRITERIA, AND PRO· ADDRESSED A BROAD CONTINUUM RANGING FROM ADJUDI· AND MARKETING THE PROGRAM. PROGRAMS SPONSORED ER TO CONNECT MEDIATION TO THE COURTS OR MAKE IT CEDURAL DUE PROCESS IMPUCATIONS OF ACTIONS TAKEN CATION THROUGH ARBITRATION, MEDIATION, AND NEGOTIA· BY CHURCH ORGANIZATIONS AND UNIVERSITIES SEEM TO INDEPENDENT, (2) WHETHER THE MEDIATORS SHOULD BE WITHIN THE PROGRAM. AN OUTLINE OF AN ADDRESS TION. IT FOUND THAT THE LEGAL ISSUE WAS NOT SO MUCH OFFER MANY BENEFITS, NOTABLY COOPERATION BETWEEN FROM THE SAME COMMUNITY AS THE DISPUTANTS, (3) NOTES THE CHARACTERISTICS OF VARIOUS TYPES OF DIS· ONE OF EXCESSIVE LITIGATION AS OF COMPLEXITY, PRO· THE COMMUNITY, CHURCH, AND ACADEMIC COMMUNITY. WHETHER THE MEDIATORS SHOULD BE TRAINED VOLUN PUTE RESOLUTION PROCESSES, THE SKILLS REQUIRED IN HIBITIVE COSTS, AND EXCESSIVE DELAYS IN USING THE STABILITY APPEARS TO BE THE MOST. IMPORTANT ASPECT TEERS OR ACADEMICALLY TRAINED SPECIALISTS, AND (4) NEqOTIATION, MEDIATION, AND ARBITRATION PROCESSES COURTS. THE REPORT REVIEWS THE ADVANTAGES AND DIS· OF PROGRAM SUCCESS, SINCE COMMUNITIES MUST PER WHETHER A MEDIATOR'S OATH OF CONFIDENTIALITY WILL AS WELL AS HOW THESE SKILLS MAY BE APPLIED IN PAR ADVANTAGES OF THREE MAJOR DISPUTE RESOLUTION CEIVE THAT THE PROGRAM, REGARDLESS OF ITS LINKAGES, BE SUPPORTED BY THE COURTS. THE RESOURCES SECTION TICULAR CASES. A DISCUSSION OF THE IMPLEMENTATION MODELS: LITIGATION, ARBITRATION, AND MEDIATION. THE IS PROVIDING AN ONGOING AND RELI,ABLE SERVICE TO THE INCLUDES LISTS 01' MASSACHUSETTS MEDIATION OF MIAMI'S MEDIATION PROGRAM COVERS THE PROGRAM'S PANEL FORMULATED SEVEN CRITERIA FOR JUDGING A DIS COMMUNITY. PROJECTS; MEDIATION TRAINERS, CONSULTANTS, AND IN STRUCTURAL PLACEMENT, PUBLICITY, SELECTION OF MEDI· PUTE RESOLUTION MECHANISM: IT MUST BE ACCESSIBLE Supplemental Notes: PANEL DISCUSSION SERIES TOPIC FORMATION SOURCES; AND MASSACHUSETTS SCHOOL ME· ATORS, MEDIATOR TRAINING, AND THE TYPES OF CASES TO DISPUTANTS, PROTECT THE RIGHTS OF DISPUTANTS, BE 2-1982. DlATION PROJECTS. FORTY·EIGHT BIBLIOGRAPHIC ENTRIES HEARD. THE CONCLUDING PAPER DEALs WITH AREAS EFFICIENT IN TERMS OF COST AND TIME, BE FAIR AND JUST, Availability: American Bar Association Special Committee on Res ARE PROVIDED. WHERE THE STATE OF FLORIDA IS ANTICIPATING HELPING ASSURE FINALITY AND ENFORCEABILITY OF DECISION, BE olution of Minor Disputes, 1800 M Street, NW, Washington, DC LOCAL CITIZEN DISPUTE SETTLEMENT PROGRAMS TO MAIN· 20036, CREDIBLE, AND EXPRESS THE COMMUNITY'S SENSE OF JUS· 20. CONSUMER DISPUTE RESOLUTION-EXPLORING THE AL~ TAIN AND IMPROVE THf,\IR OPERATIONS, NOTABLy IN THE TERNATI\fES. L RAY and D. SMOLOVER, Eds. American TICE. THE REPORT DISCUSSES MAJOR ISSUES RELATED TO AREAS OF MEDIATOR TRAINING, PUBLICITY, AND FUNDING. 18. EVALUATION OF ALTERNATIVES TO COURT ADJUDICATioN. Bar Association Special Committee on Resolution of Minor DiS. INSTITUTIONALIZING METHODS O~ NONJUDICIAL DISPUTE By J. PE~RSON. ,JUST/C£ SYSTeM JOURNAL, V 7, N3 putes, 1800 M Street, NW, Washington, DC 20036. 662 p. RESOLUTION: FUNDING AND INCENTIVES FOR ALTERNA· (WINTER 1982), P 420444. NCJ-89393 11383. NCJ-91236 22. MEDIATION IN THE JUSTICE SYSTEM_CONFERENCE PRO· yEEDIN.GS, MAY 20-21,1982, JOHN JAY COLLEGE OF CRIMI· TIVES, IMPLEMENTATION, AND DEFINING THEIR RELATION THIS ARTICLE REVIEWS THE MOST RIGOROUS EVALUATION THIRTY·EIGHT PAPERS ON ALTERNATIVE DISPUTE RESOW· \'. iNAL JUSTICE. M. R. VOlPE, T. F. CHRISTIAN, and, J, E. SHIP TO EACH OTHER AND TO THE COURTS. OTHER QUES DATA AVAI~;~BLE TO DATE ON THE EFFECTIVENESS OF ME TION IN CONSUMER CASES FOCUS ON MODEL PROGRAMS: I

8 9

" -~------~------~~.~.------~------ " .a

OVERVIEW OVERVIEW TECHNIQUES AND APPLICATIONS 1978 • 1982

TICE SYSTEM AND AS COMMUNITY-BASED PROGRAMS. THE RENTLY CANADA HAS 10 DIVERSION PROGRAMS. FOUR COMPARED WITH THEIR VOLUNTARY COUNTERPARTS, MAN· PUTES, FACTORS THAT SHOULD BE CONSIDERED BY THE PRIVATE SECTOR, AND A CONSUMER'S VIEW OF 4-YEAR EFFORT THAT LED TO NEW YORK'S ESTABLISHMENT PROGRAMS USE ONLY MEDIATION TO RESOLVE CONFLICTS; DATORY MEDIATION AND ARBITRATION PROGRAMS COME THIRD-PARTY MECHANISMS. SEVERAL MODEL PROGRAMS IN 1981 OF A STATE-FUNDED NETWORK OF THREE USE MEDIATION AND NEGOTIATION; TWO USE PRI CLOSER TO SUCCEEDING (AND IN SOME CASES DO SUC ARE DESCRIBED, INCLUDING A CONCILIATION SERVICE FOR COMMUNITY-BASED DISPUTE RESOLUTION CENTERS IS DE MARILY NEGOTIATION; AND ONE COMBINES CONCILIATION CEED)IN REDUCING COURT CONGESTION AND ACHIEVING RESOLVING TENANT-LANDLORD DISPUTES, THE APPLIANCE SCRIBED. A DISCUSSION OF ISSUES THAT MUST BE FACED WITH NEGOTIATION. EACH OF THE 10 PROJECTS IS DE PUBLIC COST SAVINGS TOO. IN THE LAST DECADE, THERE INDUSTRY'S SOLUTION TO CONSUMER DISPUTES, A PRO· IN STARTING A MEDIATION PROGRAM FOCUSES ON SCRIBED, WITH ATIENTION TO THOSE ASPECTS OF THE HAS BEEN A RESURGENCE: OF JNTEREST IN ALTERNATIVES GRAM UNDERTAKEN BY A COALITION OF CORPORATION SOURCES OF REFERRALS, TYPES OF CASES TO INCLUDE PROJECTS BEARING ON THE DISPUTE SETTLEMENT PROC TO ADJUDICATION. NUMEROUS MEDIATION AND OJ; COUNSELS, UTILITY CONSUMER MEDIATION AND ARBITRA AND EXCLUDE, THE USE OF VOLUNTEERS, AND THE NEED ESS. THIRTEEN FOOTNOTES AND SEVEN REFERENCES ARE COURT-ANNEXED ARBITRATION PROGRAMS HAVE BEEN INI TION IN PENNSYLVANIA, AND CONSUMER ARBITRATION IN A TO BALANCE PROFESSIONALISM AND AN INFORMAL,ATMOS PROVIDED. TIATED. MANY GOALS HAVE BEEN POSITED FOR SUCH PRO RECESSION. ADDITIONAL PAPERS FOCUS ON MINOR DIS GRAMS, INCLUDING THE JUDICIAL OBJECTIVES OF REDUC PH ERE. REPRESENTATIVES OF SEVERAL MEDIATiON PRO PUTE PROCESSING, NONJUDICIAL DISPUTE RESOLUTION 17_ ALTERNATIVE DISPUTE RESOLUTION-WHO'S IN CHARGE ING COURT BACKLOGS, AND ACHIEVING SAVINGS IN TIME GRAMS IN NEW YORK STATE NOTE THAT THE MAIN PROB· MECHANISMS, DISPUTE RESOLUTION IN THE FUNERAL OF MEDIATION? American Bar Association Special Committee AND MONEY AS WELL AS INCREASING DISPUTANTS' ACCESS LEMS INVOLVED IN OPERATING THESE PROGRAMS ARE SERVICE INDUSTRY, SMALL CLAIMS COURT IN CALIFORNIA, on 'Resolution of Minor Disputes, 1800 M Street, NW, Washington, TO, AND QUALITY OF, JUSTiCE. (AUTHOR ABSTRAC1) STAFF BURNOUT, LARGE CASELOADS, DIFFICULTIES IN DC 20036. 97 p. 1982. NCJ-89151 NEGOTIATION, AND INTERNAL REVENUE SERVICE DISPUTE FINDING VOLUNTEER MEDIATORS, AND THE NEED TO .BE SYMPOSIUM PRESENTATIONS C6NSIDER THE SPONSORS RESOLUTION. TABLES, CHAPTER NOTES AND REFERENCE CONSCIOUS OF SECURITY. THE WAYS IN WHICH THE SPE JJ 19. MEDIATION ... AN ALTERNATIVE THAT WORKS. By A. OR LINKS OF MEDIATION PROGRAMS, THE BACKGROUNDS DAVIS. Massachusetts District Court Department Trial Court of LISTS, AND 350 REFERENCES ARE PROVIDED. CIAL COMMITIEE ON DISPUTE RESOLUTION OF THE AMERI OF MEDIATORS, AND VARIOUS TYPES OF MEDIATION PRO Massachusetts, Holyoke Building, Holyoke Square, Sarem. MA Availability: American Bar Association Special Committ~e on Res CAN BAR ASSOCIATION ACTS AS FACILITATOR AND PRO olution of Minor Disputes, 1800 M Street, NW, Washington, DC GRAMS. THE PRESENTATIONS INDICATE THAT DIVERSE ME 01970. 34 p. 1983. NCJ·90676 MOTER FOR DISPUTE RESOLUTION IN Tr,E UNITED STATES 20036. DIATION FROGRAM GOALS COMPLICATE THE DETERMINA THIS OVERVIEW OF MEDIATION EXAMINES THE NATURE OF ARE EXPLAINED. OTHER ISSUES EXAMINED INCLUDE METH TION OF WHO SHOULD SPONSOR A MEDIATION PROGRAM. MEDIATION, THE TRAINING OF MEDIATORS, THE SKILLS RE 21. ALTERNATIVES TO LITIGATION AND ADJUDICATION-A ODS OF RESEARCH AND EVALUATION OF ALTERNATIVE DIS THOSE EMPHASIZING HIGH-8HOW RATES FOA USERS OF QUIRED IN MEDIATION. AND ISSUES RAISED BY MEDIATION. CONFERENCE HELD IN MADISON, WISCONSIN, DECEMBER 8, PUTE RESOLUTION PROGRAMS, RECRUITMENT AND TRAIN THE PROGRAM FAVOR FORMAL LINKS TO THE LEGAL SOME DEFINITIONS OF MEDIATION ARE PRESENTED, FOL 1978. Wisconsin Office of State Courts, 213 NE State Capitol, ING OF MEDIATORS, AND THE ELEMENTS NECESSARY FOR SYSTEM, AN ARRANGEMENT THAT TYPICALLY PRODUCES LOWED BY A COMPARISON OF MED!ATION WITH ADJUDICA Madison, WI 53702. 109 p. 1982. NCJ-91480 A SUCCESSFUL NEIGHBORHOOD JUSTICE SYSTEM, BASED o HIGH-8HOW RATES. ABOUT 30 PERCENT OF MEDIATION TION, ARBITRATION, CONCILIATION, AND THE USE OF AN CONFERENCE ADDRESSES DEAL WITH ASPECTS OF THE DE ON THE EXPERIENCE OF THE COMMUNITY BOARDS PRO PROGRAMS ARE COURT-BELATED. THE JUDGE'S APPROVAL OMBUDSPERSON. THE BENEFITS OF MEDIATION ARE LISTED VELOPMENT AND MAINTENANCE OF ALTERNATIVE DISPUTE GRAM IN SAN FRANCISCO. OF MEDIATION PROGRAMS BECOMES ESSENTIAL FOR SUC· AS ITS BEING AFFORDABLE, TIMELY, CONVENIENT, COM· RESOLUTION PROCESSES AND PROGRAMS AT THE FEDER J; CESS IN SUCH A LINKAGE, WHICH MEANS THE PROGRAM FORTABLE, UNDERSTANDABLE, PRIVATE, CONFIDENTIAL, AL STATE, AND LOCAL LEVELS, WITH ATIENTION TO MEDIA- Supplemental Notes: DISPUTE RESOLUTION PAPER SERIES, ENJOYS 'SYSTEM' BECOGNITION. THE ISSUE OF TAKING HEALING, AND EFFECTIVE MEDIATION IS INDICATED TO BE , TOR TRAINING, PROGRAM IMPLEMENTATION AND ADMINIS NUMBER 2. CASES (I.E., MONEY) FROM THE LAWYERS THAT WOULD PARTICULARLY. APPROPRIATE FOR DISPUTES BETWEEN TRATION, AND LEGAL ISSUES AND IMPLICATIONS. ONE Availability: American Bar Association, 1155 East 60th Street, OTHERWISE BE INVOLVED IN THE CASE NEEDS TO BE AD FAMILY MEMBERS, NEIGHBORS, FRIENDS, TEACHERS AND PAPER EXAMINES PROGRESS IN SOME FEDERAL AP Chicago, IL 60637. DRESSED. AN ADMINISTRATOR OF A COMMUNITY ME~lA STUDENTS, LANDLORDS AND TENANTS, AND CONSUMERS PROACHES TO ALTERNATIVE FORMS OF DISPUTE SETTLE TION PROGRAM ADVOCATED COMMUNITY SPONSORSHIP OF AND MERCHANTS. THE OVERALL PROCESS OF MEDIATION IS MENT, NOTABLY AN ARBITRATION EXPERIMENT IN THREE 23. PATHS TO JUSTICE-MAJOR PUBLIC POLICY ISSUES OF SUCH PROGRAMS, EVEN THOUGH LOW-8HOW RATES OFTEN PORTRAYED AS REFERRAL TO THE Mt:DIATION PROJECT BY FEDERAL DISTRICTS INVOLVING MONETARY CASES THAT DISPUTE RESOLUTION. National Institute for Dispute Resolu RESULT, .BECAUSE SUCH PROGRAMS ARE BELIEVED TO BE THE POLICE, COURTS, OR COMMUNITY AGENCY; INTAKE FOCUS PRIMARILY ON FACTUAL ISSUES AND THE FUNDING tion, 1901 L Street, NW Suite 600, Washington, DC 20036. 46 MORE RESPONSIVE TO COMMUNITY CONCERNS. ONE INTERVIEW; HOLDING OF THE MEDIATION SESSION; THE DE OF THREE NEIGHBORHOOD JUSTICE CENTERS. ANOTHER p. 1984. NCJ-93038 SPEAKER SUGGESTED THAT UNDER MEDIATION PROGRAMS, VELOPMENT OF A WRITIEN AGREEMENT BETWEEN THE ADDRESS DESCRIBES FOUR PROGRAMS DESIGNED TO THIS REPORT DISCUSSES PUBLIC POLICY ISSUES ASSOCIAT A NEW PROFESSION OF LAWVER-MED.IATOR IS EMERGING, PARTIES; AND FOLLOWUP BY A COORDINATOR. THE STAGES HANDLE DISPUTES INVOLVING JUVENILES THROUGH COM BUT OTHERS FAVOR MEDIATORS COMING FROM THE OF THE MEDIATION SESSION ITSELF ARE ALSO BRIEFLY DE MUNITY MEANS OTHER THAN FORMAL JUVENILE COURT ED WITH ALTERNATIVE DISPUTE RESOLUTION MECHANISMS, RANKS OF SOCIAL PSYCHOLOGISTS OR CITIZEN USERS OF SCRIBED. THE TOPICS DISCUSSED IN THE SECTION ON THE PROCESSING, FOLLOWED BY AN ADDRESS THAT DISCUSSES WITH ATIENTION TO CHOOSING AMONG LITIGATION, ARBI THE PROGRAM TRAINED IN MEDIATION. NONPROFIT PRO TRAINING OF MEDIATORS INCLUDE THE SELECTION OF ME THE FOLLOWING LEGAL IMPLICATIONS OF MEDIATION AND TRATION, AND MEDIATION; EVALUATIONSTANDARDSi AND GRAMS APPEAR TO HAVE AS MUCH SUCCESS AS OTHER DIATORS, THE LENGTH OF TRAINING, THE TRAINING ARBiTRATION; THE CONFIDENTIALITY OF COM~UNICATIONS INSTITUTIONALIZING ALTERNATIVES TO COURTS. THE AD PROGRAMS, WITH THE MAJOR BENEFIT BEING THE USE OF FORMAT, AND THE SKILLS EMPHASIZED IN TRAINING. SOME AND RECORDS WITHIN THE PROGRAMS, THE' EQUAL PRO HOC PANEL ON DISPUTE RESOLUTION AND· PUBLIC POLICY VOLUNTEERS, WHILE TH~ MAJOR PROBLEMS ARE FUNDING IMPORTANT ISSUES RAISED BY MEDIATION ARE (1) WHETH· TECTION IMPLICATIONS OF SCREENING CRITERIA, AND PRO ADDRESSED A BROAD CONTiNUUM RANGING FROM ADJUDI AND MARKETING THE PROGRAM. PROGRAMS SPONSORED ER TO CONNEOT MEDIATION TO THE COURTS OR MAKE IT CEDURAL DUE PROCESS IMPLICATIONS OF ACTIONS TAKEN CATION THROUGH ARBITRATION, MEDIATION, AND NEGOTIA BY CHURCH ORGANIZATIONS AND UNIVERSITIES SEEM TO INDEPENDENT, (2) WHETHER THE MEDIATORS SHOULD BE WITHIN THE PROGRAM. AN OUTLINE OF AN ADDRESS TION. IT FOUND THAT THE LEGAL ISSUE WAS NOT SO MUCH OFFER MANY BENEFITS, NOTABLY COOPERATION BETWEEN FROM THE SAME COMMUNITY AS THE DISPUTANTS, (3) NOTES THE CHARACTERISTICS OF VARIOUS TYPES OF DIS· ONE OF EXCESSIVE LITIGATION AS OF COMPLEXITY, PRO , , PUTE RESOLUTION PROCESSES, THE SKILLS REQUIRED IN HIBITIVE COSTS, AND EXCESSIVE DELAYS IN USING THE \ THE COMMUNITY, CHURCH, AND ACADEMIC COMMUNITY. WHETHER THE MEDIATORS SHOULD BE TRAINED VOLUN STABI,"ITY APPEARS TO BE. THE MOST IMPORTANT ASPECT TEERS OR ACADEMICALLY TRAINED SPECIALISTS, AND (4) NEGOTIATION, MEDIATION, AND ARBITRATION PROCESSES COURTS. THE REPORT REVIEWS THE ADVANTAGES AND DIS OF PROGRAM SUCCESS, SINCE COMMUNITIES MUST PER WHETHER A MEDIATOR'S OATH OF OONFIDENTIALITY WILL AS WELL AS HOW THESE SKILLS MAY BE APPLIED IN PAR ADVANTAGES OF THREE MAJOR DISPUTE RESOLUTION CEIVE THAT THE PROGRAM, REGARDLESS OF ITS LINKAGES, BE SUPPORTED BY THE COURTS, THE RESOURCES .SECTION TICULAR CASES. A DISCUSSION OF THE IMPLEMENTATION MODELS: LITIGATION, ARBITRATION, AND MEDIATION. THE IS PROVIDING AN ONGOING AND RELIABLE SERVICE TO THE INCLUDES LISTS OF MASSACHUSETTS MEDIATION OF MIAMI'S MEDIATION PROGRAM COVERS THE PROGRAM'S PANEL FORMULATED SEVEN CRITERIA FOR JUDGING A DIS COMMUNITY. PROJECTS; MEDIATION TRAINERS, CONSl)LTANTS, .AND IN STRUCTURAL PLACEMENT, PUBLICITY, SELECTION OF MEDI PUTE RESOLUTION MECHANISM: IT MUST BE ACCESSIBLE Supplemental Notes: PANEL DISCUSSION SERIES TOPIC FORMATION SOURCES; AND MASSACHUSETTS SCHOOL ME ATORS, MEDIATOR TRAINING, AND THE TYPES OF CASES TO DISPUTANTS, PROTECT THE RIGHTS OF DISPUTANTS, BE 2-1982. . DIATION PROJE;CTS. FOF\TY-EIGHTBIBLIOGRAPHICENTRIES HEARD. THE CONCLUDING PAPER DEALS WITH AREAS EFFICIENT IN TERMS OF COST AND TIME, BE FAIR AND JUST, Availability: American Bar Association Special Committee on Res ARE PROVIDED. WHERE THE STATE OF FLORIDA IS ANTICIPATING HELPING ASSURE FINALITY AND ENFORCEABILITY OF DECISION, BE olution of Minor Disputes, 1800 M Street, NW, Washington, DC LOCAL CITIZEN DISPUTE SETTLEMENT PROGRAMS TO MAIN- CREDIBLE, AND EXPRESS THE COMMUNITY'S SENSE OFJUS 20036. . 20. CONSUMER DISPUTE RESOLUTION-EXPLORING THE AL TAIN AND IMPROVE THEIR OPERATIONS, NOTABLY IN THE TICE. THE REPORT DISCUSSES MAJOR ISSUES RELATED TO TERNATIVES. L. RAY and D. SMOLOVER, Eds. American AREAS OF MEDIATOR TRAINING, PUBLICITY, AND FUNDING. INSTITUTIONALIZING METHODS OF NONJUDICIAL DISPUTE 18. EVALUATION OF ALTERNATIVES TO COURT ADJUDICATION. Bar Association Special Committee on Resolution of Minor Dis c\ RESOLUTION: FUNDING AND INCENTIVES FOR ALTERNA- ByJ. PEARSON. JUSTICE SYSTEM JOURNAL. V 7, N 3 putes, 1800 M Street. NW, Washington, DO 20036. 662 p. 22. MEDIATION IN. TH. E. JUSTICE SYSTE.U-CONFERENCE PR~~I' (WINTER 1982), P 420444. NC.,I-89393 1983. NCJ-91236 CEEDINGS, MAY 2()"21, 1982, JOHN JAY COLLEGE OF C ~: TIVES, IMPLEMENTATION, AND DEFINING THEIR RELATION· THIS ARTICLE REVIEWS THE; MOST RIGOROUS EVALUATION THIRTY-EIGHT PAPERS ON ALTERNATIVE DISPUTERESOLU NALJUSTICE. M. R. VOLPE, T. F. CHRISTIAN, and J.J:~"~c,,, SHIP TO EACH OTHER AND TO THE COURTS. OTHER QUES DATA AVAILABLE TO DATE ON THE EFFECTIVENESS OF ME TION IN CONSUMER CASES FOCUS ON MODEL PROGRAMS; KOWALEWSKI, Ed., American Bar Association Special Com TIONS ARISE REGARDING PROFESSIONAL RESPONSIBILITY, DIATION AND ARBITRATION IN' 'ACHIEVING A BROAD RANGE RESEARCH AND EVALUATION OF CONSUMER DISPUTE RES· mlltee on Resolution of Minor Disputes, 1800 M Street, NW, ETHICS, AND ACCREDITATION. THE PANEL FOUND THAT Washington, DC 20036. 159 p. 1983. NCJ-92471 OF OBJECTIVES, THE STUDIES SHOW THAT WHILE MEDIA OLUTION; LEGAL ISSUES IN DISPUTE RESOLUTION; BUSI WHILE THERE WAS CONSIDERABLE ACTIVI.W.IN DISPUTE TEN PAPERS REPRESENTING INDIVIDUAL AND PANEL DIS TION AND ARBITRATION PROGRAMS FAIL TO ACHIEVE MANY NESS AND TRADE ASSOCIATION, INDEPC;NDENT, COMMUNI RESOLUTION, VERY LITTLE EXPERIENCE WITH. SUCH PRO , , CUSSIONS FOCUS ON SPECIFIC PROGRAMS AND GENERAL OF THE PERFORMANCE GOALS RELATED TO COURT CON TY AND COURT-SPONSORED, AND GOVERNMENT PRO GRAMS HAD BEEN DOCUMENTED. ,HUS, IT CONCLUDED ISSUES. RELATED TO MEDIATION. FOLLOWING AN OVERVIEW GESTION AND COST SAVINGS, THEY CONSISTENTLY RATE GRAMS; .AND DISPUTE RESOLUTION IN THE AUTO INDUSTRY. THAT FUTURE ACTIONS SHOULD EMPHASIZE EXPERIMENTA OF MEDIATION, A HISTORY OF MEDIATION THE UNITED VERY FAVORABLY ON MEASURES OF USER SATISFACTION, FOUR PAPERS ON THE NATURE OF THE PROBLEM AND ,~ . TION. EVALUATION, AND DISSEMINATION OF INFORMATION. STATES NOTES THAT MEDIATION CENTERS HAVE DEVEL PERCEPTIONS OF FAIRNESS, COMPLIANCE WITH OUTCOMES BASIC APPROACHES TO IT DISCUSS THE CHARACTERISTICS THE REPORT IDENTIFIES SPECIFIC INITIATIVES TO FURTHER OPED 60TH AS PROGRAMS BASED IN THE CRIMINAL JUS· AND, IN MOST CASES. REDUCED LEVELS OF RELITIGATION. OF A MODEL MECHANiSM FOR RESOLVING CONSUMER DIS- , 9 .8

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OVERVIEW 'TECHNIQUES AND APPLICATIONS ',- ':

THESE OBJECTIVES AND PROVIDES TABLES, A (3LOSSARY, THAT NONJUDICIAL FORUMS FOR THE MEDIATION OF MINOR AND APPROXIMATELY 75 REFERENCES. DISPUTES SHOULD BE TRIED IN ORDER TO BYPASS THE Supplemental Notes: REPORT OF THE AD HOC PANEL ON COURT PRosLEMS. THE IDrl\.~:9RIGINATED APPARENTLY IN DISPUTE RESOLUTION AND PUBLIC POLICY. DEPENDENTLY IN A NUMBER OF JURISDICTIONS ACROSS Sponsoring Agency: US Department of Justice Federal Justice THE COUNTRY. THE PROLIFERATION OF DISPUTE MEDIA Research Program, Room 4235, 10th and Pennsylvania Avenues" TION PROJECTS ACCELERATED IN THE 1970'S. BY 1979. EX NW. Washington, DC 20530. PERIMENTAL PROJECTS WERE OPERATING IN APPROXI Availability: National Institute of Justice National Criminal Justice MATELY 100 AMERICAN CITIES AND IN SEVERAL OTHER Reference Service Microfiche Program; National Institute of Jus COUNTRIES. PROJECTS VARY CONSIDERABLY IN SIZE, tice National Criminal Justice Reference. Service Paper Reproduc SHAPE, FORM, AND EMPHASIS. DISPUTE SEITLEMENT TECH tion Sales, Box 6000 Department F, Rockville, MD 20850. NIQUES ALSO DIFFER AMONG THE PROJECTS AND INCLUDE 24. STATE OF THE ART-ALTERNATIVES TO COURT AND TRIAL CONCILIATION, MEDIATION, AND ARBITRATION. CASE EXAM (FROM IMPROVEMENT OF THE ADMINISTRATION OF JUS PLES ILLUSTRATE THE BENEFITS OF MEDIATION, AND CpR· TICE, P 263-281, 1981, FAN~~IE J. KLEIN, ED.-SEE RENT RESEARCH DATA ARE VERY FAVORABLE. TENTATIVE NCJ-93134). By P. NEJELSKland L. RAY. 19 p. 1981. FINDINGS FROM CURRENT RESEARCH SUGGEST THAT ME· COMMUNITY NCJ·93146 DIATION PROJECTS PROCESS CASES RAPIDLY, PROJECTS THE MAJOR ALTERNATIVES TO COURT AND TO TRIAL FOR APPEAR TO BE VIEWED FAVORABLY BY DISPUTANTS, CIVIL CASES ARE THE USE OF COURT-ANNEXED ARBITRA PROJECTS MAY BE MORE EFFECTIVE AT RESOLVING DIS TION, THE USE OF ADJUDICATION BY SOMEONE OTHER PUTES, AND PROJECTS IMPROVE .ACCESSIBILITY TO JUS THAN A FULL-TIME JUDGE, AND THE GROWING MEDIATION TICE. HOWEVER, MUCH STILL REMAINS TO BE KNOWN. THE MOVEMENT, WHICH TRIES TO AVOID THE ADVERSARIAL DISPUTE RESOLUTION ACT, SIGNED IN 1980, WAS DEVEL MODEL THE FIRST W0=PROGRAMS TRY TO RESOLVE OPED TO SUPPORT THE DISPUTE RESOLUTION MOVEMENT. MORE TRADITIONALdFORMS OF COMMERCIAL AND TORT LITIGATION. CASES AFFECTED USUALLY ENTAIL MONEY 26. DISPUTING IN LEGAL AND NONLEGAL CONTEXTS-SOME DAMAGES AND INVOLVE LAWYERS BOTH IN PROSECUTION QUESTIONS FOR SOCIOLOGISTS OF LAW. By R. DICK INS 27. NEIGHBORHOOD JUSTICE CENTERS FIELD TEST-FINAL 28. NEIGHBORHOOD JUSTICE CENTERS. By D. MCGILLIS. AND IN DECIDING CASES. IN CONTRAST, THE JUSTICE MEDI and J. FITZGERALD. LAW AND SOCIETY REVIEW, V 15, N 3-4 (1980-81), P681-706, 883-910. . NCJ·93457 EVALUATION REPORT-EXECUTIVE SUMMARY. By R. F. Abt Associates, Inc, 55 Wheeler Street, Cambridge, MA 02138. ATION PROGRAMS DO NOT RELY AS HEAVILY ON THE FOR COOK, J. A. ROEHL, and D. I. SHEPPARD. Institute for Social 20 p. 1960. NCJ-69075 MALITIES OF THE TRADITIONAL LEGAL SYSTEM. THEIR MAIN THE FOCUS OF THE SOCIOLOGY OF· LAW HAS SHIFTED Analysis, 11739 Bowman Green Drive, Reston, VA 22090. 35 p. CASE TYPES DEAL WITH COMPLAINTS INVOLVING PERSONS FROM DISTINCTLY LEGAL. INSTITUTIONS TO THE INSTITU 1980. NCJ-65514 THIS POLICY BRIEF DESCRIBES PROGRAMS FOR RESOLVING TIONS AND PROCESSES OF DISPUTING. THE SOCIOLOGY OF MINOR DISPUTES WITHOUT ARREST OR FORMAL COURT WITH CONTINUING RELATIONSHIPS, SUCH AS FAMILY MEM FINDINGS OF THE NATIONAL EVALUATION OF THE NEIGH LAW HAS TRADITIONALLY EXAMINED THE WAYS. IN WHICH ACTION USING CONCILIATION, MEDIATION, OR ARBITRATION BERS, NEIGHBORS, AND FRIENDS. LAWYERS ARE GENERAL BORHOOD JUSTICE CENTERS (NJC'S) ARE PRESENTED. THE THE LAW HANDLES 'TROUBLE' CASES. RECENTLY, HOWEV· TECHNIQUES TO DEAL WITH INTERPERSONAL CONFLICTS. LY NOT REQUIRED. IN 1981, THE AMERICAN BAR ASSOCIA STUDY ASSESSED THE EFFECT OF THREE CENTERS IN AT ER, FOCUS HAS SHIFTED TO ASPECTS OF DISPUTING IN EFFECTIVE ADJUDICATION IN MANY CIVIL AND CRIMINAL TION SPECIAL COMMlnEE ON RESOLUTION OF MINOR DIS LANTA, GA., KANSAS CITY, MO., AND LOS ANGELES, CALIF. VOLVING LESS DISTINCTIVELY LEGAL PROCESSES AND PER· CASES IS HAMPERED BY EXTENSIVE DELAYS, .LIMITED PUTES IDENTIFIED 141 DISPUTE RESOLUTION PROGRAMS. THE THREE NJC'S HANDLED 3,947 CASES DURING THEIR SONNEL WHAT HAPPENS IN THE EARLY STAGES OF A DIS ACCESS, HIGH DISMISSAL RATES, AND INEFFECTIVE PROCE PROGRAM SPONSORS INCLUDED COURTS, MAYORS' OF FIRST 15 MONTHS OF OPERATION; THESE CASES INCLUDED PUTE CAN EXPLAIN NOT ONLY WHY SOME DISPUTES GO TO DURES. SUPPORT, THEREFORE, HAS GROWN FOR ALTERNA FICES, BAR ASSOCIATIONS, PROSECUTORS' OFFICES, PRI MANY TYPES OF. DISPUTES FROM SEVERAL DIFFERENT RE· COURT WHILE OTHERS DO NOT, BUT ALSO THE RESULTS OF TIVE DISPUTE RESOLUTION MECHANISMS SUCH AS NEIGH VATE FOUNDATIONS, PRIVATE CITIZENS, AND CONSUMER FERRAL SERVICES. NEARLY HALF OF THE CASES WERE RE FURTHER STAGES OF THE PROCESS. ANOTHER TREND IN BORHOOD JUSTICE CENTERS. SUCH CENTERS OR SIMILAR GROUPS. THE PROGRAMS DEAL WITH A WIDE VARIETY OF SOLVED AND A 6·MONTH FOLLOWUP ON THE CASES FOUND RESEARCH ON MODERN DAY DISPUTING HAS INVOLVED EX PROJECTS TEND TO FOCUS ON DISPUTES AMONG INDIVID BOTH CRIMINAL AND CIVIL MAnERS. DISPUTANTS GENER THAT AGREEMENTS STILL HELD AND MOST DISPUTANTS . ALLY VIEW THE MEDIATION PROCESS AS FAIR AND EFFEC. AMINATION OF THE ROLE OF NONLEGAL THIRD PARTIES OR UALS WHO HAVE AN ONGOING RELATIONSHIP, SUCH AS WERE SATISFIED WITH THE PROCESS. NJC'S APPEAR TO TIVE. ISSUES REQUIRING FURTHER OTHERS NOT IMMEDIATELY INVOLVED IN THE DISPUTE. AN LANDLORDS AND TENANTS. CENTERS RECEIVE REFERRALS . PROGRAM~RELATED HANDLE MOST INTERPERSONAL CASES MORE EFFICIENTLY CONSIDERATION ARE THE COST-EFFECTIVENESS OF THESE ALTOGETHER HIGHER LEVEL PROBLEM NOW EVIDENT IN FROM MANY SOURCES, VARY IN ACTIVE PURSUIT OF CLI· THAN THE COURTS; THEY ARE FASTER, AND THEIR DECI· PROGRAMS, POSSIBLE COERCIVENESS OF THE CENTF'ilS. THE DISPUTING LITERATURE CONCERNS THE RELATIONSHIP ENTS, AND'MAY ATTEMPT TO SEITLE DISPUTES THROUGH SIONS ARE MORE SATISFYING TO THE DISPUTANTS. EVEN OF DISPUTING TO THE OVERALL STATE OF SOCIETY. IT IS CONCILIATION BEFORE SCHEDULING A FORMAL MEDIATION MEDIATION BY UNEQUAL PARTIES, AND THE QUESTIO~I(OF THOUGH THE IMPACT ON COURT CASELOAD WAS INSIGNIFI PAOaABLY FAIR TO CHARACTERIZE MUCH OF THE TRADI OR ARBITRATION SESSION. IN ADDITION, STAFF OFTEN WHETHER THESE PROJECTS WILL BE REGARDED AS All IN CANT, JUDGES AND OTHER JUSTICE SYSTEM OFFICIALS TIONAL SOCIOLOGY OF LAW IN THE UNITED STATgS AS HAVE VARIED BACKGROUNDS, MOST COMMONLY IN THE FERIOR FORM OF JUSTICE. ADDITIONAL ISSUES iREQUIijt!NG HELD A POSITIVE VIEW OF THE NJC'S AND BELIEVED THAT CONSIDERATION, A DISCUSSION OF THE ROLE OF JUOr.ES BEING BASED FIRMLY ON THE ASSUMPTION THAT SOCIAL SOCIAL SCIENCES, AND MEDIATORS AND ARBITRATORS UN THEY FACILITATED COURT PROCESSES. CIVIL AND CON· CONFLICT AND FRICTION ARE NECESSARILY DESTRUCTIVE. DERGO RIGOROUS TRAINING PROGRAMS. PLANNERS INTER· AND LAWYERS IN THE. SE CENTERS, .AND AN ANNOTA-[ED SUMER DISPUTES REACHED HEARING LESS OFTEN THAN LIST OF 24 REFERENCE!;> ARE INCLUDED. \ \ FURTHER, IT ASSUMES OR ASSER\rS THAT LEGAL PROCESS· ESTED IN STARTING SUCH CENTERS SHOULD BEGIN BY DE THOSE OF A MORE CLEARLY INTERPERSONAL NATUF\E, BUT ES PLAY AN IMPORTANT PA.RT IN ~'ANAGING CONFLICT AND FINING LOCAL NEEDS. CURRENT COURT CAPACITY FOR Availability: American Bar Association, 1155 East 601li SUl:let, THE INTERPERSONAL DISPUTES TENDED TO SHOW A LESS Chicago, IL 60637. FRICTION AND MUST THEREFORi: CONTRIBUTE TO THE PROCESSING MINOR DISPUTES CAN BE DETERMINED BY RE· SATISFACTORY RESOLUTION RATE UPON FOLLOWUP.• OVERALL LEVEL OF SOCIAL COHESIPN AND. INTEGRATION IN VIEWING DATA ON COURT CASELOAD SIZE, BACKLOGS, AV THERE WERE INDICATIONS THAT THE COSTS PER CASE AT .25. QU!ET (R) EVOLUTION IN AMERICAN DISPUTE SETTLEMENT. SOCIETY. RECENT LEGAL ANTHROf,'OLOGICAL LITERATVRE ERAGE PROCESSING DELAYS, ETC.; ASSESSING THE AVAIL THE NJC'S MAY BECOME COMPETITIVE WITH THOSE OF THE By D. MCGILLIS. HARVARD LAW SCHOOL. BUI.L£TIN, V IN NON;WESTERN SOCIETIES HAS AIUGMENTE;D THIS LINE. ABILITY OF LOCAL FORUMS FOR ALTERNATIVE DISPUTE COURTS. IT WAS CONCLUDED THAT THE NJC'S PROVIDE A 31, N 20 (SPRING 1980), P 20-25. NCJ-93370 THIS HAS LED TO PROPOSALS FOR ,f\LTERNATIVE DISPUTE, PROCESSING (BEITER BUSINESS BUREAUS, HOUSING AU NEEDED AND EFFECTIVE ALTERNATE MECHANISM FOR THE NONJUDICIAL FORUMS FOR THE MEDIATION OF MINOR DIS HANDLING MECHANISM SUCH AS NEIGHBORHOOD JUSTICE, THORITIES, AND SO ON); AND ESTABLISHING A PLANNING RESOLUTION OF MINOR DISPUTES. IT IS RECOMMENDED PUTES OUTSIDE THE COURT SYSTEMAFIE GAINING WIDE CENTERS, WHICH MAY BE MORE EFFECTIVE THAN1lliS:"; BOARD. SEVERAL TYPES OF SPONSORS HAVE BEEN USED THAT (1) GOVERNMENTS SUPPORT THE CONTINUED DEVEL· SPREAD ACCEPTANCE IN THE UNITED STATES. IN THE COURTS IN REDUCING CERTAIN TYPES OF POTENTIALLY FOR CENTERS, INCLUDING PUBLIC SPONSORSHIP (E.G., THE OPMENT O.F ALTERNATIVE DISPUTE; RESOLUTION MECHA· 1960'S, MANY COMMISSIONS AND REPORTS SHOWED THAT DISRUPTIVE CONFLICT. NOTES ACCOMPANY THE TEXT. MIAMI CITIZEN DISPUTE SEITLEMENT PROGRAM), PRIVATE NISMS, (2) A PROGRAM OF RESEARCH AND DEVELOPMENT COURTS HAD ,GREAT DIFFICULTY IN PROCESSING MINOR ABOUT 650 REFERENCES ARE INCLUDED. (AUTHOR SUMMA SPONSORSHIP (E.G., THE ROCHESTER COMMUNITY DISPUTE BE CONDUCTED ON OUTREACH METHOOS, (3) WORKSHOPS CIVIL ANO CRIMINAL DISPUTES. THE NOTION TOOK HOLD RY MODIFJED) SERVICES PROJECT), AND PRIVATE SPONSORSHIP WITH A ON SUCH MECHANISMS BE OFFERED TO CRIMINAL JUSTICE COMMUNITY RATHER THAN JUSTICE SYSTEM ORIENTATION. OFFICIALS. AND (4) A NATIONAL RESEARCH AND EVALUA· FUNDING SOURCES HAVE INCLUDED CITY, COUNTY, AND TION PROGRAM BE. LAUNCHED TO ASSESS CURRENT DIS· STATE GOVERNMENTS, THE AMERICAN BAR ASSOCIATION, PUTE RESOLUTION APPROACHES. TABULAR DATA AND ONE LEAA, AND THE DEPARTMENT OF LABOR. LEGISLATIVE SUP FIGURE ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED) PORT CAN PROMOTE AND GUIDE THE DEVELOPMENT OF AP Sponaorlng Agency: US Department of Justice National Institute PROPRIATE DISPUTE RESOLUTION ·ALTERNATIVES. STATES of Justice,6;:13 Indiana Avenue NW, Washington, DC 20531. CONSIDERING ASSISTING JUSTICE CENTER DEVELOPMENT IlvaUablllty: National Institute of Justice National Criminal Justice HAVE NUMEROUS OPTIONS, INCLUDING FINANCIAl. SUP Reference Service Microfiche Program. PORT, CONFIDENTIALITY SAFEGUARDS, AND LIMITATIONS

10 11 -~-~~' --~~-'-

II.,

COMMUNITY TECHNIQUES AND APPLICATIONS 1978 • 1982 COMMUNITY \1,0 ,'" ON STAFF CIVIL ~iABllI;rv. POLICYMAKERS IN THE EX~GU PUTE ARBITRATION. SUCH PROGRAMS ARE CURRENTLY IN ATTORNEY, AND OTHER SOURCES OF REFERRAL THE REFERRAL SOURCES, COSTS, AND CASELOAD PROBLEMS. TIVE AND JUDICIAL BR.A;NCHES CAN ALSO PROVIDE VALUED OPERATION IN BOSTON, MASSACHUSETTS; COLUMBUS, ,STUDY'S RECOMMENDATIONS INCLUDED THE EXPERIMEN DATA FOR THE REPORT CAME FROM INTERVIEWS, ANALY SUPPORT. SOURC"ES FOR FURTHER INFORMATION ARE OHIO; MIAMI, FLORIDA; NEW YORK, NEW YORK; ROCHESTER, TAL USE OF CENTRAL CASE SCREENING TO REDUCE DUPLI SIS OF THE FIRST 500 PROJECT FILES, AND OBSERVATION GIVEN. AN APPENQIX PROVIDES SAMPLE LEGISLATION SUP NEW YORK; AND SAN FRANCISCO, CALIFORNIA. THESE CATION OF EFFORT, THE DEVELOPMENT OF A STANDARD OF 34 MEDIATION SESSIONS. RESEARCHERS ALSO CON PORTING JUSTICE CENTERS. PROJECTS ATTEMPT TO REDUCE THE PROBLEMS ASSOCIAT MISDEMEANOR AND FELONY COURT COST INDEX, .A FIXED DUCTED SURVEYS OF DISPUTANTS AND MEDIATORS. THE Supplemental Notes: POLICY BRIEFS 20 EDITION. ED WITH THE COURTS, SUCH AS HIGH COSTS, LONG LIMIT REGARDING THE MAXIMUM NUMBER OF CASES FOR PROJECT SUBSTITUTED LAY MEDIATION FOR CRIMINAL Spon~.orlrig Agency: US Department of Justice National Institute DELAYS, AND INSliFFICIENT RESOURCES TO DEAL IN DETAIL WARDED TO CMC EACH MONTH, AND TRAINING FOR ALL PROSECUTION IN CASES WHERE THE VICTIM AND DEFEND of Justice, 633 Indiana Avenue NW, Washington, DC 20531. WITH COMPLEX RECIPROCAL OFFENSES AMONG LAND PERSONNEL PARTICIPATING IN THE USE OF CMC. DIAGRAMS ANT WERE NOT STRANGERS. MOST OF THE REFERRED Availability: GPO Stock Order No. 027-OO0-o0892~5; National LORDS AND TENANTS. HOUSING DISPUTES MAY INCLUDE AND TABULAR DATA ARE INCLUDED. APPENDIXES CONTAIN CASES CAME FROM THE CLERK OR A JUDGE OF THE LOCAL Institute of Justice National Criminal Justice Reference Service LANDLORD-TENANT DISPUTES, TENANT-TENANT DISPUTES, STUDY INSTRUMENTS, SELECTED PROGRAM FORMS, RELE DISTRICT COURT,'AND MOST CASES INVOLVED ASSAULTS Microfiche Program. OR DISPUTES BETWEEN BUILDING OWNERS AND PUBLIC VANT CORRESPONDENCE, AND APPROXIMATELY 25 REFER OR THREATS BETWEEN INTIMATES. WEAPONS OF SOME AND PRIVATE AGENCIES. PROJECTS VARY CONSIDERABLY ENCES.(AUTHOR ABSTRACT MODIFIED) SORT WERE USED TWO-THIRDS OF THE TIME. MEDIATION 29. MOUNTAIN VIEW RENTAL HOUS!NG MEDIATION-A. GRASS IN THE DEGREE TO WHICH THEY ACTIVELY PURSUE CLl Sponsoring Agencies: New York State Division of Criminal Jus HEARINGS WE~E HELD IN TWO-THIRDS OF THE CASES RE RooTSPROQRAM.By J. V; WARMAN. URBAN LAW ENTS, WHO ARE REFERRED FROM MANY SOURCES INCLUD tlce,Services, Executive Park Tower, Stuyvesant Plaza, Albany, NY FERRED TO THE PROJECT, AND AGREEMENTS WERE ANNUAL, V 17 (1979), P 271-278. NCJ-69080 ING THE POLlCE,PROSECUTORS, THE COURTS, SOCIAL 12203j US Departrnent of Justice National Institute of Justice, REACHED IN, 90 PERCENT OF THE CASES. THE PROJECT'S THE CITY OF MOUNTAIN VIEW, CALIFORNIA, RENTAL HOUS 633 Indiana Avenue NW, Washington, DC 20531. SERVICES, AND LEGAL AID. ADMINISTRATIVE, lNTAKE~ AND LONG-TERM FOLLOWUP CONFIRMED THAT IMPROVED RELA ING MEDIATION PROGRAM IS DISCUSSED; PROGRAM NEED, SOCIAL SERVICE STAFF AT THE VARIOUS PROJECTS 'TEND TIONS BETWEEN PARTIES FOLLOWED, SUCCESSFUL MEDIA STAFF TRAINING, METHODS OF EVALUATION, ACCOMPLISH 32. NEW DIRECTIONS IN PSYCHOLEGALRESEARCH. P. D. LIB TO HAVE VARIED BACKGROUNDS,MOST COMMONLY'IN THE TION. THE MOST COMMON AGREEMENT FAILURE CON MENTS, AND BUDGET ARE EMPHASIZED. IN THE SPECIAL SITT and ,B. D. SALES, Eds. 346 p. 1980. NCJ-71016 SOCIAL SCIENCES. THE AMERICAN ARBITRATION ASSOCIA .CERNED THE PAYMENT OF MONEY, AND THE MOS-r IZED AREA OF RESOLUTION OF HOUSING·RELATED DIS NEW DIRECTIONS IN PSYCHOLEGAL RESEARCH ARE PRE TION AND THE INSTITUTE FOR MEDIATION AND CONFLICT COMMON RESPONSE OF AN AGREEMENT BREAKDOWN WAS PUTES, THE CITY OF MOUNTAIN VIEW PROVIDES ITS CITI 'SENTED IN THIS COLLECTION OF WRITINGS THAT EXPLORE RESOLUTION HAVE DEVELOPED RIGOROUS TRAINING PRO TO DO NOTHING. . LOW CASELOADS WERE A MAJOR ZENS WITH AN ALTERNATIVE TO THE COURT SYSTEM. LIKE WAYS IN WHICH THE LAW IS AFFECTED BY JUDGES, JURIES, GRAMS FOR MEDIATORS AND ARBITRATORS. IN ADDITION, PROJECT PROBLEM; CASE LOADS AVERAGED ONLY 18 PER THE NEIGHBORHOOD JUSTICE CENTER, THE PROGRAM AND OTHER PARTICIPANTS IN THE LEGAL SYSTEM. EACH LOCAL TRAINING RESOVRCES ARE OFTEN AVAILABLE. MONTH FROM 1976-77. MEDIATION COSTS IN 1976-77 TO SEEKS TO EFFECTIVELY PROVIDE FAIR RESOLUTION OF DIS CHAPTER CONCENTRATES ON A PARTICULAR AREA OF NEIGHBORHOOD JUSTICE CENTERS ALSO PROCESS TALED ABOUT THREE TIMES THE COURT COSTS SAVED BY PUTES WHILE AVOIDING THE COURTS' EXPENSIVE AND CONCERN TO PSYCHOLOGISTS AND THE JUDICIARY. BOTH LANDLORD-TENANT DISPUTES. ACCORDING TO A RECENT MEDIATION; HOWEVER, THIS OCCURRENCE IS ATTRIBUTED BACKLOGGED SYSTEM. BECAUSE OF THE TRANSIENCY AND THEORETICAL AND EMPIRICAL APPROACHES ARE USED TO SURVEY OF THREE CENTERS, PROPORTIONS OF PROJECT TO MEDIATION AS PRACTICED IN DORCHESTER, RATHER HIGH FREQUENCY. OF LANDLORD-TENANT PROBLEMS' IN STUDY DECISIONMAKING WITHIN THE LEGAL PROCESS. CASELOADS DEVOTED TO SUCH DISPUTES RANGE· FROM 22 THAN MEDIATION AS A PROCESS. THE: REPORT ALSO CON THE AREA, A CITIZEN HOUSING COMMITTEE PROPOSED AND EARLY CHAPTERS EXAMINE THE DECISIONS OF CORPORATE PERCENT FOR THE LOS ANGELES, CALIFORNIA, CENTER TO CLUDES THAT, BECAUSE MEDIATORS ARE STRANGERS AND INTIATED THE PROGRAM. THE COMMITTEE RECOMMENDED EXECUTIVES WHICH RESULT IN VIOLENCE TO THE PUBLIC; 17.5 PERCENT FOR THE ATLANTA, GEORGIA, CENTER TO BECAUSE INSTITUTIONALIZED MEDIATION IS UNFAMILIAR, THE CITY COUNCIL'S ADOPTION OF THE MEDIATION CON TEST THE VALUE OF THE SUBJECTIVELY EXPECTED UTILITY 11.5 PERCENT FOR THE KANSAS CITY, MISSOURI, CENTER. THIS KIND OF MEDIATION IN THE SHORT TERM IS LIKELY TO CEPT TO INCREASE THE POTENTIAL FOR LONGER TENURE MODEL FOR EXPLAINING A PERSON'S DECISION TO STEAL; POTENTIAL PROBLEMS WITH THE CONDUCT OF MEDIATION PLAY ONLY A SMALL ROLE AT THE MARGIN OF DISPUTE BY THE CITY'S EXISTING RENTERS, TO HELP ELIMINATE DIS AND ARGUE FOR USING ATTRIBUTION THEORY TO STUDY INCLUDE INSUFFICIENT INCENTIVES FOR A POWERFUL PROCESSING, BEHAVIOR. MEDIATOR TRAINING IS SEEN AS CRIMINATION IN RENTAL HOUSING, AND TO IMPROVE LIVING DECISION MAKING IN THE CRIMINAL JUSTICE SYSTEM. PSY-, PARTY TO COMPROMISE AND THE QUESTION OF WHETHER THE KEY TO THE CONTENT OF MEDIATION HEARINGS. IN AD CONDITIONS AND OWNER-RENTER RELATIONS. THE COUN QHOLOGICAL PRINCIPLES USED BY PAROLE BOARDS IN PRE MATTERS AFFECTING LARGE NUMBERS OF TENANTS DITION, FUTURE HIGH-VOLUME MEDIATION PROJECTS ARE CIL ADOPTED THE CONCEPT IN JANUARY 1975 AND CONTIN DICTING RECIDIVISM ARE EXAMINED, AND ,AN EMPIRICALLY SHOULD BE MEDIATED ON A PIECEMEAL BASIS. FOOTNOTES SEEN AS HAVING IMPORTANT LINKS TO THE CRIMINAL, JUS UED TO FUND THE PROGRAM ANNUALLY. THE COUNCIL AP DERIVED THEORY THAT CAN BE USED TO PREDICT LEGAL AND TABLES ARE INCLUDED. TICE SYSTEM. ON A COST.BENEFIT BASIS, MEDIATiONS PER POINTS 22· VOLUNTEER (33 PERCENT LANDLORDS, 33 PER DECISION MAKING IS PRESENTED. ANOTHER SECTION FO CASE COSTS ARE PROBABLY GREATER THAN LOWER CRIMI CENT TENANTS, AND .33 PERCENT RESIDENTS) FOR 2-YEAR Sponsoring Agencies: US Department of Justice Law Enforce CUSES ON A MAJOR .PSYCHCl.EGAL RESEARCH NAL COURT PROCESSING IN DORCHESTER; BUT BENEFITS TERMS. EACH MEMBER IS THEN TRAINED TO MEDIATE ment Assistance Administration; Abt Associates, Inc, 55 Wheel AREA-IDENTIFICATION OF CRITICAL PROBLEMS WITHIN THE er Street, Cambridge, MA 02138. TO THE DISPUTANTS'AND TO THE COMMUNITY ARE ALMOST HOUSING-RELATED DISPUTES. WHEN AN INDIVIDUAL WITH A LEGAL SYSTEM. ONE 'SELECTION INVESTIGATES JUVENILES' SURELY GREATER. THE REPORT CONTAINS 55 TABLES, 1 HOUSING PROBLEM CALLS THE HOUSING HOTLINE, TRAINED COMPREHENSION OF MIRANDA WARNINGS, WHILE AN FIGURE, FOOTNOTES, REFERENCES, AND 5 APPENDIXES OF STAFF MEMBERS DETERMINE WHETHER REFERRAL TO AN 31. SUFFOLK COUNTY (NY) COMMUNITY MEDIATION CENTER OTHER EXAMINES THE UTILITY OF INFORMATION INTEGRA EVALUATION REPORT. EvalualionGroup, Inc, 88·30 79th ILLUSTRATIVE CASES, CASE DISPOSITIONS, STUDY INSTRU OTHER AGENCY, 'SIMPLE: INFORMATION, OR MEDIATION A~ TION THEORY FOR POTENTIALLY MINIMIZING THE EFFECTS Avenue, GlenCOMMON LAW RULES HELD. THE MOST FREQUENT TYPES OF PROBLEMS RE ATED AS AN ALTERNATIVE TO COURT; ITS ADVANTAGES IN OF EVIDENCE IN RAPE CASES AND REVIEW ALTERNATIVES Sponsoring Agency: US Department of Justice Na,tio;,ififlostitute of Justice, 633 Indiana Avenue NW, Washington, DC 205:)1. CEIVED ARE THOSE REGARDING REFUND OF SECURITY DE PROCESSING TIME, COSTS, AND SERVICE' 'i'a.CITIZENS ARE TO THE TRADITIONAL COURT PROCESSING OF DISPUTE · , POSITS, EVICTION NOTICES, REPAIRS TO PROPERTY, AND DETAILED. THE COMMUNITY MEDIATI

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A NATIONAL DIRECTORY Of CONFUCT-RESOLUnON PRO DATA \\'EBE GATHERED AT THE KANSAS CITY NEIGHBOR 37. NEIGHBORHOOD JUSTICE-ASSESSMENT OF AN EMERGING IS NEGLIGIBLE. HOWEVER, PROPONENTS BELIEVE THAT THE HOOD JUSTICE CENTER. It, GOVERNMENTAlLY SPONSORED GRAMS, AND A BIBUOGRAPHY OF APPROXIMATELY 300 REF IDEA. By R. TOMASIC and M. M. FEELEY. 302 p. 1982. METHOD WILL HAVE AN IMPACT ON CRIME BY SOLVING rnsPUTE' RESOUffiOO CENTER. WHILE PARTIES ARE ERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIRED) NCJ-83472 PROBLEMS AT AN EARLY STAGE. THEY ALSO SUGGEST VIEWED AS PA.'UtC!PATING VOWNTARILY IN THE PROCESS, Sponsoring Agency: Gardiner Howland Shaw Foundation, 19 TWELVE ARTICLES, INcLUDING SOME PREVIOUSLY PUB THAT THE OPTIONS AVAILABLE TO THE COURT ARE OFTEN o INSTmmQN.q COERCION ARISES FROM THE USE OF BIND Temple Place, 5th Floor, Boston, MA 02111. LISHED, FOCUS ON RATIONALES, CASE STUDIES, AND AS INAPPROPRIATE AND INEFFECTIVE IN DEALING WITH DIS tNG ARBnRATION. THE REFERRAL PROCESS TO THE KCNJC SESSMENT Of NEIGHBORHOOD JUSTICE CENTERS. ONE PUTES BETWEEN ACQUAINTANCES. MEDIATION EMPHASIZES fROM COURTS" JUDGES. PROS-I=CUTORS. AND CLERKS CON Availability: Heat!l Lexington Books, 125 Spring Street, Lexington, PAPER ARGUES THAT THE CRIMINAL JUSTICE SYSTEM'S EF FACE-TO-FACE DISCUSSIONS AND LENGTHY SESSIONS BE TAINS A SUBTLE ElEMENT OF COERCION FOR INDIVIDUALS MA02173. FECTIVENESS CAN BE INCREASED ·3Y DECENTRALIZING TWEEN CONFLICTING PARTIES. ABOUT 60 PERCENT OF THE TO ACCEPT 1HE AlTERNATlVE. IN GENERAL.::mE CREATION SOME OR ALL EXISTING OPERATIONS. A DECENTRALIZED COUNTRY'S MEDIATION PROGRAMS ARE POSITIONED OF A TRIBUNAl.. TO ADJUU:CAl'E MINOR DISb'rES, MOSTLY 36. Go-BETWEEN-MEDIATORS AT NEIGHBORHOOD JUSTICE SYSTEM, WORKING CONCURRENTLY WITH A MUNICIPAL WITHIN THE CRIMINAL. JUSTICE SYSTEM. ANOTHER 30 PER ORDER-MA.lNTENANCE PROBLEMS, IN AN INDIVIDUALIZED CENTERS RESOLVE DISPUTES WITHOUT ASSIGNING GUILT. SYSTEM, WILL CONCILIATE AND REINTEGRATE COMMUNITY CENT MAINTAIN THEIR INDEPENDENCE AS PRIVATE, NON lHERAPEUTIC STY!.E, "otPlIES It, ,TRANSFORMATION IN By G. PICK. STUDENT LAWYER, 'Ii sa, N5 (MARCH 1980), DISPUTANTS, DEVIANTS, DELlNQI.1ENTS, AND OTHERS WITH PROFIT CORPORATIONS. DISPUTANTS WHO REACH THE P 38-40, 57-59. NCJ-76712 ~"rENANCE POUC'(, WHICH EXTENDS THE SCOPE PROBLEMS. DISPUTE RESOLUTION OUTSIDE THE COURTS IS BARGAINING TABLE ARE DISPROPORTIONATELY POOR, OF LEGAl AUTHORITY AND THE STATE'S ROLE IN IDENTlFY- THE DEVELOPMENT AND ACTIVITlES OF NEIGHBORHOOD DISCUSSED, WITH ATTENTION TO VARIOUS MECHANISMS MEMBERS OF '~'MINORITY GROUPS. UNEDUCATED, AND 1.'>6 AND CHANNEUNG ORDER-MAlNTENANCE PROBLEMS. JUSTICE CENTERS (NJC'S) AND OTHER MEDIATION PRO (ADJUDICATION, MEDIATION, NEGOTIATION, AVOIDANCE), AS FEMALE. THE AGE AND BACKGROUND OF MEDIATORS VARY TAB'lES. 21 NOTES. AND 62 REFERENCES ARE APPENDED. GRAMS THAT TRY TO RESOLVE MINOR DISPUTES OUTSIDE WELL AS RATIONAL CRITERIA FOR SELECTING AN APPRO WITH EACH PROGRAM; SOME USE PAID LAW STUDENTS, Awaiiability: Saga Pult.ications, Inc. 215 South Beverly Drive, Bev OF COURT ARE DESCRIBED, USING CHICAGO'S PRIATE MECHANISM FOR A PARTICULAR CASE. IN CON WHILE OTHERS RELY ON'~OLUNTEERS. MOST MEDIATORS , eriy tels. GA 90212- UPTOWN-EDGEWATER NJC AS II.' PRIMARY EXAMPLE. TRASTING TWO IDEAL ORGANIZATIONS-ONE IN A TECHNO FIND THE WORK SATISFYING AND CHALLENGING. PHOTO DOZENS OF DISPUTE CENl\ERS NOW OPERAl'E ACROSS THE LOGICALLY COMPLEX, RICH SOCIETY AND ONE IN A TECH GRAPHS ARE PROVIDED. 3S. COURTROOM-PROGRAMS IN CO,MMUNITY BEYOND 'THE NOLOGICALLY SIMPLE, POOR SOCIETY-ONE ARTICLE EX JUSTlCE ,AND CONFUCT RESOLUTION. By B.S. ALPER COUNTRY TO SETTLE EVERYTHING. FROM NOISE COM andL T~N!CHOLS. 3OOp. 1981. NCJ-76580 PLAINTS TO MAJOR FELONIES THROUGH MEDIATION AND PLORES THE IMPLICATIONS OF LINKAGES BETWEEN SOCIAL 39. PEOPLE'S LAW REVIEW. R. WARNER, Ed. 364 p. 1980. NCJ-84356 'THiS BOOK PRESENTS A COMPREHENSIVE OVERVIEW OF SOMETIMES EVEN ARBITRATION. THE UPTOWN-EDGEWATER ORGANIZATIONS AND DISPUTE PROCESSING FOR CERTAIN PROaI'!AMS AND PROCEDURES IN CONFlICT RESOLUTION N,,!G HAD ITS .GENESIS IN 1977 WHEN A LAWYERS' COMMIT· REFORMS CURRENTLY ADVOCATED IN THE UNITED STATES. THIS SELF-HELP VOLUME CONTAINS OVER 30 ARTICLES DE AND EMPHASIZES THE GROWING MOVEMENT IN THE UNITED TE:E RESEARCHING WAYS TO IMPROVE LOCAL SMALL OTHER PAPERS CONSIDER DEVELOPMENTS IN MINOR DIS SIGNED TO HELP CITIZENS UNDERSTAND THE LEGAL PROC STATES TO BRING THE COMMUNITY INTO THE PROCESS OF CLAIMS COURTS BECAME ENTHUSIASTIC ABOUT THE POSSI PUTE PROCESSING, REPORT FINDINGS FROM AN EMPIRICAL ESS AND HANDLE THEIR EVERYDAY LEGAL PROBLEMS DECIDING CASES BETWEEN lANDLORDS AND TENANTS, BIUTIES OF MEDIATION. WITH FUNDING FROM FOUNDA STUDY OF DISPUTE PROCESSING AND NEIGHBORHOOD WITHOUT THE ASSISTANCE OF A LAWYER. THE HISTORY NEGHBORS. SCHOOLS AND PUPILS, AND EVEN PRISONERS TIONS AND THE CHICAGO BAR ASSOCIATION. THE STRUCTURE, AND RESULTS OF THE NEIGHBORHOOD JUS AND PHILOSOPHICAL BASIS OF THE LAW ARE EXPLAINED, AND JAIlERS_ FIVE DISTINCT PROGRAMS ARE DISCERNIBLE UPTOWN-EDGEWATER NJC OPENED IN 1979. ITS MEDIATORS TICE CENTERS FIELD TEST IN KANSAS CITY, ATLANTA, AND WITH EMPHASIS ON THE VARIETY OF WAYS THAT THE REG IN THlS MOVEMENT: MEDIATION, ARBITRATION, RE~YITU ARE NOT LAWYERS BUT COMMUNITY RESIDENTS WHO UN LOS ANGELES. THERE IS A bi:SCRIPTION OF THE MEDIATION aLATION OF HUMAN CONDUCT HAS BEEN HANDLED IN DIF TlON, VICTIM ASStSTANCEAND COMPENSATION, AND\\SEN DERGO TRAINING FROM THE AMERICAN ARBITRATION AS COMPONENT OF THE DORCHESTER URBAN COURT (MASS.), FERENT ERAS AND CULTURES. THE USE OF MEDIATION TO l'ENCING ADVICE BY CITlZEN PANas. THESE PROGRAMS SOCIATION (MA). THE MEDIATION CENTER HAS BEEN MORE A PROGRAM THAT SUBSTITUTES LAY MEDIATION FOR CRIMI REDUCE DEPENDENCE ON LAWYERS AND COURTS TO EMANAl'E FROM THE ClJRRENT DISSATISFACTION WITH EFFECTIVE THAN SMALL CLAIMS COURTS IN HANDUNG DIS NAL PROSECUTION IF THE VICTIM AND DEFENDANT ARE AC· ACHIEVE JUSTICE IS DISCUSSED, AS IS THE USE OF COM PUBliC SAFETY AND COURT PROCEDURES, ALTHOUGH THE PUTES BETWEEN COMMUNITY RESIDENTS WHO KNOW EACH QUAiNTANCES. AN EXAMINATION OF THE BROOKLYN DIS PUTERS TO PROMOTE GENUINE POPULAR PARTICIPATION IN IDEA Of COMMUNITY'INVOLVEMENT IN THE SETTLEMENT OF OTHER AND CAN EXPECT SOME TYPE Of· FUTURE RELA PUTE CENTER (N.Y.) CONCLUDES THAT MEDIATION IS AP THE LEGAL SYSTEM. PRACTICAL ADVICE IS GIVEN ON HOW DlSPUTES DATES ,BACK TO ANCIENT TlMES~ THE BOOK RE TIONSHIP. THEIR ACCESSIBIUTY AND METHODS HELP PROPRIATE ONLY FOR THOSE DISPUTANTS WHO WANT TO TO CONDUCT LEGAL RESEARCH, FILE FOR A DIVORCE, OR VIEWS MAJOR PROBLEMS CONFRONTING THE CRIMINAL REDUCE LINGERING ANIMOSITlES THAT CAN ULTIMATELY TALK THROUGH A DISAGREEMENT, NOT NEGOTIATE A SET GANIZE A SMALL BUSINESS, AND DEAL WITH LANDLORDS. RESULT IN VIOLENT CONFRONTATIONS. MOST LA\VYERS TLEMENT. FOUR BROAD·RANGING ASSESSMENTS OF NEIGH OTHER GUIDELINES COVER ESTATE PLANNING, THE USE OF ~~ESu~~N~~~S~~~~~~~~~! ~~~~~~;. ARE GRATEFUL TO BE REUEVED OF UNPROFITABLE MINOR BORHOOD JUSTICE CENTERS CONCLUDE THE BOOK. ONE SMALL cLAIMS COURT, PROTECTION FROM ILLEGAL A CHAPTER ON 'COMMUNITY' PROVIDES THEORETICAL DISPUTE CASES, AND THE AM CONCLUDES THAT MEDIA EXAMINES THE ELUSiVE NOTION OF 'SUCCESS' IN THE SEARCHES AND SEIZURES, AND THE HANDLING OF AUTO BACKGROUND FOR THE SUBSEQUENT DETAILED TION CUTS COURT COSTS, TRIMS CASELOA:DS. AND RE NEIGHBORHOOD JUSTICE MOVEMENT, ANOTHER CRITICIZES MOBILE ACCIDENT CLAIMS. FURTHER SECTIONS DEAL WITH CROSS-CULlURAL COMf'ARIS0NS OF SUCCESSFUL PRO DUCES RECIDIVISM. THE PRINCIPAL ADVANTAGE Of MEDIA THE CENTERS WITHIN A BROAD SOCIAL AND POLITICAL LAWS RELATED TO WRITERS, A(:lREEMENTS FOR PERSONS GRA.\iS IN 25 COUNTRIES AS WELL AS IN THE UNITED TION IS THAT IT DELVES TO THE ROOT OF PROBLEMS CONTEXT, AND A THIRD RAISES IMPORTANT QUESTIONS WHO ARE UNMARRIED BUT ARE LIVING TOGETHER, CHANG STA1ES.. A SECTION ON REMEMBERiNG THE VICTIM DETAILS RATHER THAN S.IMPLYDECIDING GUILT OR INNOCENCE. AL ABOUT THE ADAPTABILITY OF MEDIATION IN ING A NAME, AND TO THE USE OF SOLAR ENERGY. SPECIFIC VARIED ASPECTS OF RESTITUTION INCLUDING ADULT RESTI- THOUGH MEDIATION IS NEW TO THE UNITED STATES, IT HAS CROSS.CULTURAL SETTINGS. THE FINAL ASSESSMENT RE SELF-HELP LAW PROGRAMS ARE DESCRIBED, INCLUDING A 1lffiON PROGRJl..\!S AND RESTlTUTlON fO~ YOUTHFUL OF BEEN APPUED ELSEWHERE. PARTICULARLY IN COMMUNIST VIEWS THE MAJOR ASSUMPTIONS AND PROBLEMS OF THE SELF-HELP DIVORCE OFFICE, TRA1NIN(:l DRUG ADDICTS AND FaIDaiS; DESCfi!SES iHE VERA INSTJTUTEWITNESS ALERT COUNTR1ESiTHE AM LAUNCHED THE FIRST U.S. MEDIATION NEIGHBORHOOD JUSTICE CENTER MOVEMENT. TABLES, DIA OTHERS IN SOCIAL SURVIVAL SKILLS, INCORPORATING A '/ sYSlal; AA'D EXPlORES V1GTlM ASSISTANCE PROGRAMS IN CENTER IN PHILADELPHIA IN THi: LArE')1960'S WHICH WAS GRAMS, CHAPTER NOTES, AN INDEX, AND ABOUT 500 REF NONPROFIT ORGANIZATION, AND PROTECTING THE PAREN· ~&t,. itUNOlS, AND. MASSACHUSETTS. COMPENSA FOLLOWED BY OTHERS IN ROG.I-fESTER, N,Y.;COLUMBUS, ERENCES ARE SUPPLIED. TAL RIGHTS OF DIVORCED FATHERS. LEGAL INFORMATION liON TO \IlCilMS AS REDRESS IS DISCUSSED, ALONG WITH OHIO; AND MIAMI. FOLLOWING., A 1976 SPEECH BY CHIEF Availability: Longman Inc, 19 West 4f4 Street, Suite 1012, New PROGRAMS, WHICH ARE COMMUNITY GROUPS AND ORGANI fB:lEBA!.A.'IDSTAl'E LEG)SLATlON, LEGISLATION IN OTHER JUSTlqE BURGER ON THE NEED FOR AL1"ER~TIVE METH York, NY 10036. ZATIONS THAT PROVIDE FREE LEGAL INFORMATION AND ~W, COUNTRIES, AND LEGISLATION IN EUROPE. ODS OF SETILING MINOR DISPUTES, WE AMERICAN BAR MATERIALS IN SPECIFIC AREAS OF THE LAW, ARE DE 38. DISPUTE RESOLUTION-SEEKING JUSTICE OUTSIDE THE SCRIBED IN THE AREAS OF TENANTS' RIGHTS, BATTERED SF"'".t::C!FlC CHAPTERS. EACH DEVOTED TO A DISTINCT TYPE ASSOCIATION (ABA) SPONSORED A TASK fORCE THAT REC COURTROOM. By J. J. MCCARTHY. CORRECTIONS MAG· OF comruNlIY PROGRAM, EXAMINE THE PROGRAM'S UN- OMMENDED THAT THE ABA HELl" ESTABUSH NJe'SAROUND. AZINE, V 8, N 4 (AUGUST 1982), P 33-40. NCJ-84020 WOMEN, THE RIGHTS OF ARTISTS, AND OTHERS. ADDRESS •DERl.YING FftltOSOPHY, PURPOSE, AND METHOD OF QPER THE COUNTRY. THE ABA SPECIAL COMMmEE ON RESOLU THE RESOLUTION OF DISPUTES THROUGH THE SERVICES ES OF RESOURCE ORGANIZATIONS AND AN ANNOTATED ATlON..WHENEVEA POSSIBLE, ADDRESSES OF CURRENT TION OF MINOR DISPUTES ESTIMATES THAT 96 DISPUTE OF MEDIATION CENTERS IS DISCUSSED IN THIS ARTICLE; EX· BIBLIOGRAPHY PRESENTING REVIEWS OF ABOUT 200 FROGfWdS ARE GIVEN IN ORDER TO ENABLE READERS BE RESOLUTION CENTERS NOW EXIST. MOSTLY IN BIG CITIES. AMPLES Of CASES THAT ARE. RESOL.VED THROUGH THIS SELF.HELP LAW PUBLICATIONS ARE PROVIDED. G!NN!h'G su.m.AR PROJECTS TO CONTACT AN OPERATING SOME NJO'S ARE TIED DIRECTLY 'TO JUDiCIAl AGENCIES PROCESS ARE PROVIDED. DISPUTE RESOLUTION IS ONE OF Availability: Addison·Wesley PU,\lllshlng Company, Inc, Jacob PROG.RML A SE9TION ON COMMUNITY COURTS DESCRIBES WHILE OTHERS ARE SPONSORED BY WE I\M OR BAR AS THE COUNTRY'S NEWEST COURT REFORM MOVEMENTS. IN Way, Reading, MA 01867. ',; INFORJ.W. TRiBUNALS IN WE UNITED STATES. INCLUD.ING i SOCIATIONS. Al.L COST NOTHING TO CLIENTS. TYPES OF THE PAST 12 YEARS, THE USE OF MEDIATION AS AN , AN JNDl.AN: TR1.i3Al COURT. A MEXICAN-AMERICAN COMMUNI· CASES HANDLED INCLUDE LANDLORD-TENANT DISPUTES, OUT-OF-COORT METHOD OF RESOLVING INTERPERSONAL 40. COMMUNITY JUSTICE CENTRES-PROCEEDINGS OF A SEMI· ", TY COURT. CoMMUNITY COURTS IN CHINATOWNS, THE CONSUMER COMPLAINTS. AND. FAMILY QUARRELS. CEN DISPUTES HAS GROWN FROM A SINGLE PROJECT IN PHILA NAR., Sy"J"r)5?,1 University Law School Institute of Criminology, JB'flSIi CONCILIATION' BOARD OF NEW YORK CITY. AND TERS OFTEN OiSCOURAGE HIRING LAWYERS OR A LAW- , 173-175 Phillip Street, NSW 2000, Sydney, 'Australia.' 105 p. DELPHIA TO N8;~RLY 200 PROGRAMS NATIONWIDE HOLDING 1982.,NCJ-85780 ~ ..lUST!CE CENTERS. IN ADPITlON. EXAM YER'S PARTICIPATION IN THEIR SESSIONS BECAUSE LEGAL AS MANY AS 200,000 HEARINGS YEARLY. THE. CHIEF JUS ?t£S FR~ 'THE SClCfAUST WORLD ARE DESCRIBED, SUCH TRAINING IS NOT CONSISTENT WITH THE AIMS 'OF MEDIA TICE OF THE ;;;UPREME COURT, THE AMERICAN BAR ASSO ~EMINAR DISCUSSIONS or~ COMMUNITY JUSTICE CENTERS AS THE EAST GERMAN" SQ.PALCOURT~ AND THE MEDIA TION. ALL MeDIATORS FAOE PROBLEMS IN LISTENING TO CIATION, RALPH NADER, AND MEMBERS OF CONGRESS ALL IN NEW SOUTH WALES (AUSTRALIA), INTENDED TO RESOLVE TION COMMITTEES OF THE PEoPLE'S REPUBUC OF CHINA. A CLIENTS WITHOUT CQMMENT AND REMAINING IMPARTIAL SUPPORT THE MEDIATION CENTER CONCEPT. CENTERS DISPUTES. BETWEEN PARTIES IN AN ONGOING RELATION- RNAl CI-'.APTER PRESENTS A MISCEI.lANY OF PROPONENTS OF MEDIATION CONTEND THAT; ALTHOUGH HANDLE CASES MUCH FASTER THAN FORMAL UTIGATION,. . SHIP, INDiCATE GENERAL SUPPORT FOR THE CENTERS BY COMMUNlrf-COURT MODEts fROM SUCH DIVERSE RE DISPUTE PROGRAMS MAY BE: SLaW TO DEVELOP. -mEtR USUALLY CONDUCTING HEARINGS WITHIN 10 DAYS OF RE PRACTITIONERS BUT REVEAL SOME RESERVATIONS WITH GlONS AS PAPUA NEW GUINEA" "iNOlA. MEXICO, PAKISTAN, IMPACT OVER -mE LONG TERM WILL BE SIGNIFICANT. NO FERRAL. CRITICS POINT OUT THAT THE EFFECT ON REDUC ACADEMICS. THREE PILOT COMMUNITY JUSTICE CENTERS AND 1'0'E P"n1llPRNES,. CHAR,u;. CHAPTER NOTES, AN .INDEX, REFERENCES ARE CITED. ING THE VOLUME OF COURT CASES OR JAIL POPULATIONS WERE ESTABLISHED BY L.EGISLATION IN NEW-SOUTH WALES

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. \I COMMUNITY TECHNIQUES AND APPLICATIONS 1978 - 1982 COMMUNITY

(\ OUT OF THE REALIZATION THAT THE COURTS, WHICH APPLY NESS ANb EFFICIENCY. A BIBLIOGRAPHY OF 11 LISTINGS IS GREATEST ASS EST IS ITS THIRD-PARTY NEUTRALITY ROLE, 44. RESOLVING CAMPUS DISPUTES-NOTES OF A UNIVE!'ISITY FORMAL MECHANISMS TO RESOLVE A SINGLE ISSUE, ARE PROVIDED. SINCE IT ENTERS A COMMUNITY ON REQUEST WITH NO IN· OMBUDSMAN. By C. STIEBER. ARBITRATION JOURNAL, ILL·EQUIPPED TO RESOLVE MULTIFACETED DISPUTES BE· Sponsoring Agencies: US Department of Jus~ce National Insti· VESTIGATIVE POWERS OR AUTHORITY TO DISPENSE FUNDS. V 37, N 2 (JUNE 1982), P 5·11. NCJ·93980 TWEEN PARTIES WHOSE CONFLICT GROWS OUT OF AN ON· tute of Justice, 633 ir'ldiana AvenUe NW, Washington, DC 20531; ITS TRIRACiAL, BILINGUAL STAFF CAN PROVIDE INF08MAL THIS ARTICLE EXAMINES THE ROLE OF COLLEGE OMBUDS· GOING RELATIONSHIP. THE CENTERS ARE BASED ON PRIN Commission on CatholiC Community Action Diocesaof Cleveland, CONCILlATI()N, FORMAL MEDIATION, OR TECHNICAL ASSIST· MEN. TODAY'S OMBUDSMEN FIND THE POSITION'S GREAT· CIPLES OF NONCOERCION OF THE PARTIES IN BOTH THE Cleveland~_OH ANCE SO THE COMMUNITY CAN RESOLVE RACIAL CON· EST STRENGTH IN SETTLING DISPUTES INVOLVING INDIVID· INITIATION AND CONTINUATION OF THE USE OF GENTER Availability: National Institute of Justice National drlminal Justice FLiCTS WITHOUT RESORTING TO LITIGATION OR VIOLENCE. UALS. ALTHOUGH THE OBVIOUS TURBULENCE AND Mill· PROCESSES AND THE USE OF MEDIATION THAT INVOLVES Re!erence SeMce Microfiche Program; " THE CRS INITIALLY OPERATED IN THE SOUTHEASTERN TANCE OF THE 1960'S HAVE VANISHED, TODAY'S STUDENTS THE PARTIES IN DEVISING THEIR OWN SqLUTION TO THE UNITED STATES, BUT JHEN BECAME INVOLVED IN THE· EXPERIENCE INTENSE STRESS BASED ON INSECURITY. OM· DISPUTE. MEDIATORS ARE LAY PERSONS SELECTED FROM 42. SUBPROCESSES OF NEGOTIATION-THE CASE OF COMMU LARGER URBAN CENTERS IN THE NORTH. THE CRS RE· BUDSMEN WORK AT MANY COLLEGES, ALTHOUGH THERE IS THE COMMUNITY ON THE BASIS OF CHARACTERISTICS THAT NITY MEDIATION (FROM PRETRIAL SERVICES ANNUAL. SPONDED TO 1,431 ALERTS TO RACIAL DISPUTES OR INCl· A GREATER LIKELIHOOD ()F THERE BEING SUCH A PERSON FACILITATE THEIR BEING EFFECTIVE MEDIATORS. EVERY JOURNAL, VOLUME 5, P 134-149, 1982, ELIZABETH GA\'NES, DENTS IN' FISCAL yE=.AR 1980. THE CRS LOGGED 249 CASES ED •...,.SEE NCJ-89690). • By"J. PALENSKI and N.M. SUGRUE. AT A LARGE, STATE COLLEGE OR UNIVERSITY. THE DIS· EFFORT IS MADE TO SELECT A RANGE OF MEDIATORS THAT ALLEGING POLICE USE OF EXCESSIVE FORCE, A 92.8·PER· Touchstone Applied Science Associates. '16 p. 1982. PUTES OMBUDSMEN HANDLE AND THE TECHNIQUES THEY ARE REPRESENTATIVE OF THE COMMUNITY THEY SERVE. CENT INCREASE OVER THE PREVIOUS YEAR. THE COM· NCJ-89698 USE ARE MUCH LESS PRECISE THAN THOSE OF OTHER AFTER. 1 YEAR OF OPERATION, ASSESSMENTS OF THE CEN· PLAINTS WERE DISTRIBUTED EVENLY NATIONALLY, AND 63 THE PAPER EXAMINES THE STRUCTURE, FORMAT, AND DY· TERS ARE GENERALLY FAVORABLE; HOWEVER, CRITICS PERCENT STEMMED FROM BLACKS, 32 PERCENT FROM HIS· PROFESSIONALS WHO WORK AT CONFLICT SETTLEMENT. NAMICS OF THE MEDIATION SESSION AND TWO MAJOR CAT· FEAR THAT THEY MAY BECOME ARENAS OF SECOND·CLASS PANICS AND 4 PERCENT FROM AMERICAN INDIANS. THERE THE POWER ITSELF IS INTANGIBLE, TIED TO CREDIBILITY EGORIES OF NEGOTIATION SUBPROCESSES ('DEFUSING' JUSTICE FOR THE POOR WHO DO NOT HAVE ACCESS TO WERE 68 CASES RELATED TO KLAN ACTIVITIES AND 32 PER· AND HEAV!LY DEPENDENT ON PRESTIGE, PERSUASION, AND () AND 'REPAIRING'). THE ANALYSIS IS BASED ON DATA COL· THE AUTHORITATIVE BENEFITS OF THE COURTS. THERE IS CENT TO INDOCHINESE REFUGEE RESETTLEMENTS, IN· THOROUGH KNOWLEDGE OF THE CAMPUS BUREAUCRACY LECTED OVER A 6·MONTH PERIOD AT THE SUFFOLK COM· SOME DOUBT TOO THAT THE CENTERS WILL SUCCEED IN CREASES OF 55 PEFICENT AND. 540 PERCENT, RESPECTIVE· AND ITS RULES. NORMALLY, OMBUDSMEN WILL HAVE LITTLE MUNITY MEDIATION JUSTICE CENTER PROGRAM (NEW BEING NON COERCIVE. GIVEN THEIR DESIRE TO BUILD CASE· LY. THE NEED FOR GRS IS LIKELy TO GROW AS RACIAL AN· IMPACT iN CONFLICTS OVER POLICY, BUT IN THE COURSE YORK). EACH SESSION INCLUDES THE COMPLAINANT, RE· LOADS. SOME SEE THE CENTERS AS A PIECEMEAL REFORM TAGONISMS INCREASE AND PUBLIC RESOURCES FOR DO· OF RESOLVING INDIVIDUAl. PROBLE,...,S THERE MAY BE EVI· SPONDENT, AND TWO MED)ATORS. A SESSION HAS BOTH EFFORT THAT AVOIDS THE COMPREHENSIVE REFORM RE· MESTIC PROGRAMS, DECLINE. POTENTIAL AREAS FOR.~RS "'c.2NCE OF PERSISTENT DIFFICULTIES. THUS, OMBUDSMEN PUBLIC AND PRIVATE CAUCUSES. THE GOAL OF EVERY ME· QUIRED TO EXTEND AND EXPEDITE AUTHORITATIVE JUSTICE INTERVENTION INCLUDE IMPLEMENTATION OF SCHOOL DE ARE IN AN EXCELLENT POSITION TO FLAG WHAT WORKS DIATION SESSION IS SUCCESSFUL CONFLICT RESOLUTION. FOR CITIZENS IN THE COURTS, SEGREGATION, PRISON UPRISINGS, POLlCE·COMMUNITY RE· WELL OR POORLY !NTHE INSTITUTION AS A WHOLE. EFFEC FOUR DIMENSiONS IN MEDIATION MAy MAKE A SESSION LATIONS SCHOOL DISPUTES WITH PARENT ORGANIZA· TIVE OMBUDSMEN MUST HAVE ACCESS TO ALI. PERSONS, Supplemental N9tes: SEMINAR HELD MARCH 10, 1982, PROBLEMATIC IN REACH!NGCOMPROMISES ANO AN AGREE· TIONS, AND JOB DISCRIMINATION. THE ARTiCLEJCONTAINS OFFICES, AND REGORDS IN THE INSTITUTJON. ONE TABLE SYDNEY, AUSTRALIA. MEklT.:. MEDIATION IS VOLUNTARY AND CAN BE HALTED AT TWO FOOTNOTES, AND SEVEN NOTES ARE INCLUDED. Availability: New South Wales Government Printing Office, P 0 ANy~')ME BY EITHER PARTY; SESSIONS' MAYBE THREATEN Box 75, Pyrmont, NSW 20Q9, Australia ING 014 EMBARRASSING DUE TO THE PERSONAL, PRIVATE BEHAVIOR THAT OFTEN IS EXPOSED; SESSIONS MAY BE 41. HOW TO ORGANIZE A NEIGHBORHOOD MEDIATION SERV VOLATILE; AND SESSIONS ARE UNPREDI,CTABLE. IN ORDER ICE-A HANDBOOK FOR COMMUNITY COUNCILS, VOLUN FOR THE MEDIATION PROCESS TO BE SUCCESSFUL, MEDIA· TEERS, AND 'COMMU~ITY ORGANIZERS. By J. GORMAN. TORS MUST ADOPT APPROPRIATE COPING STRATEGIES, 32 p.1982. NCJ-87238 OFTEN ,IN THE FORM OF TRADEOFFS, DEALS, AND ACCOM· MODATIONS TOWARD PARTICIPANTS. TWO CATEGORIES OF THIS PROCEDURE MANUAL FOR ORGANIZING A NEIGHBOR· SUBPROCESSES ARE USED. THE FIRST, 'DEFUSING A PO· HOOD MEDIATION SERVICE COVERS NEEDS ASSESSMENT, TENTIAL CRISIS,' REQUIRES THE MEDIATOR TO DEFINE THE RECRUITING VOLUNTEERS, ORGANIZING THE PROGRAM, ONGOING SiTUATION AS ONE LEADING TO A CRISIS OR MEDiATING A DISPUTE, PUBLIC RELATIONS, EVALUATION, AND POTENTIAL PROBLEMS. A NEIGHBORHOOD MEDIATION BREAKDOWN IN MEDIATiON. THE MEDIATOR HEADS OFF SERVICE INVOLVES VOLUNTEERS GETTING TOGETHER TO THE POTENTIAL CRISIS BY REDIRECTING THE INTERACTION .. INFORMALLY RESOLVE MINOR DISPUTES BETWEEN NEIGH. ,IN. THE SECOND CATEGORY, 'REPAIRING A CRISIS,' THE ME DIATOR MUST REGAIN A MEASURE OF CONTROL OVER A ,BORS. AN ASSESSMENT TO DETERMINE WHETHER A NEIGH. BORHooD NEEDS A MEDIATION SERVICE SHOULD INCLUDE SITUATION IN WHICH EITHER THE RESPONDENT OF, COM· A COMMUNITY SURVEY DESIGNED TO DETERMINE IF RESI. PLAINANT HAS GAINED CONTROL SPECIFIC STRATEGIES DENTS NEED AND WANT A MEDIATION SERVICE, AN EXAMI. USED IN BOTH THESE SITUATIONS ARE DETAILED. OBSER· NATION OF POLICE STATISTICS TO DETERMINE WHETHER VATIONS OF THOSEINVOI.VED IN MEDIATION AND 14 FOOT· THE NEIGHBORHOOD HAS A CRIME PROBLEM AND, IF SO, NOTES ARE PROVIDED. ITS PATTERN, AND AN ANALYSIS OF COURT STATISTICS TO Supplemental Nlltes: AVAILABLE ON., MICROFICHE AS DETERMINE CASELOAD AND COST. THE NEXT· STEP IS TO NCJ·89690 •. RECRUIT VOLUNTEERS TO FULFILL THE FUNCTIONS OF Sponsoring Agencies: US Department of Justice National Insti SPOKESPERSON, MEDIATORS,AND A SUPPORT COMMITTEE. tute of Justice, 633 Indiana Av~nue NW, Washington, DC 20531; f- VOLUNTEER JOB DESCRIPTIONS SHOULD BE COMPOSED. New York State Division of Criminal .Justlce Services, Executive. STEPS.IN ORGANIZING THE PROGRAM .INClUDE (1) ElECT. Park Tower. Stuyvesant Plaza, Albany, NY 12203; New Yor\( Office of Crime Control Planning. . ING OFFICERS, (2) SmlNG GOALS Arm OBJECTIVES, (3) DE. TERMINING THE J

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'" , , 45,. METROPOLITAN WATER ROUNDTABLE-RESOURCEALLD THIS PAPE.R DISCUSSES ENVIRONMENTAL MEDIAtiON AS IT CATION THROUGH CONFLICT MANAGEMENT, ,By W. J. D. MIGHT BE ORGANIZED FOR DISPUTES INVOLVING FEDERAL KENNEDY and H; LANSFORD. ENVIRONMENTAL IMPACT AGENCIES. DISPUTES OF SUBSTANTIAL IMPORTANCE AF, ASSESSMENTREVIEW. V4, 1'1 1 (MARCH 1983), P 67-78, . NCJ-93281 FECTING MANY CITIZENS "AND LARGE AMOUNTS OF, LAND AND MONEY OFTEN INVOLVE FEDERAL AGENCIES, PROCE THIS PAPER DISCUSSES THERESOLUTIONTHROUGH'MEDIA DURESFOR MAKING DECISIONS AT THE FEDERAL LEVEL I' TION OPA LONG·TERM WATER RIGHTS DISPUTE. IN COLO NEED TO BE ABLE TO ACOMMODATETHE LEVEL OF PUBLIC RADO, WHERE WATER IS SCARCE, WATERi,J.AW HAS ITS INTEREST AND THE MAGNITUDE OF THE POTENTIAL CON BASiS IN TJ-IE DOCTRINE OF PRIOR APPROPRI~TION, IN TROVERSY SURROUNDING A GIVEN' PROJECt. REFLECTING \\,:' WHICH THE FIRST PARTY TO DIVERT WATER AND PUT IT TO BENEFICIAL USE HAS THE RIGHT OF CONTINUAL USE RE A GROWING TREND, EFFORTS HAVE BEEN MADE TO GARDLESS OF WHO OWNS THE ADJACENT LAND, THE EXPAND USE OF NONJl,JDICIAL FORMS OF DISPUTE, SUCH FUTURE WATER NEEDS OF METROPOLITAN DENVER HAVE ." '~AS. MEDIATION. IN ORDER FOR FEDERAL AGENCIES TO 1\ , LONG ,BEEN THE ,SUBJECT OF DEBATE .AND ,LITIGATION. 'EITHER RESPOND TO OR INITIATE MEDIATION,THEY 'MUST ALMOST 70 PERCENT OF THE STATE'SWATER ~S WEST OF TAKE A NUMBER OF STEPS, FIRST. THEY NEED TO CREATE , II THE CONTINENTAL DIVIQE; OVER 80 PERCENT OF ITS POPU~ GENERAL GUIDELlNr:S FOR"PARTICIPATION IN'MEDIATION, o LATION IS EAST OF THE ROCKIES, DENVER'S ATIEMPTS AT SECOND; EACH AGENCY SHOULD DEVELOP ITS OWN POLICY r i ON MEDIATION. THIRD, THE AGENCIES SHOULD. DECLARE 1 \ ~. DIVERSION HAVE BEEN. FRAUGHT WITH CONTROVERSY. WITH ITS LONG·TERM WATER RIGHTS CLAIMS TIED 'UP IN THEIR PREFERENCES REGARDING FE~ERALLYFUNDED AND I·' COURT DISPUTES, IN 1981, ACCORD ASSOCIATES CAME IN ADMINIS'fERED SERVICES, FOURTH, THEY NEED TO AC- ,. . TO MEDIATE ONE OIVERSION PROPOSAL, THE TWO FORKS, "-"QUIRE STAi'EMENTS FROM MEDIATION CENTERS REGARD 1 '0 PROJECT. ACCORD ESTABLISHED A ROUNDTABLE OF 31 ."', . (- ''lING INTEREST IN AND POLICIES FOR MEDIATING FEDERAL ME:MBERS"EACH REPRESENTING A PARTY WITH A STAKE IN 'AGENOY DISPUTES .. FINALLY, AN INTERAGENCY TASK THE ,PROJECT. MEMBERS AGREED TO SPECIFIC RULES DE FORCE'SHOULD DECIDE WHAT ·EXPERIME~TAL ALTERNA~ 'SIGNED TO BRING THEM TO ACONCENSUS. AFTER DIVIDING TIVJ:S.SHOULD BE TESTED. IT IS IMPORTANT THAT BEFORE, INTO SMALLER GROUPS TO eXAMINE 'ASPE,OTS OF THE ENTERING THE DYNAMIC, .HIGH PRESSURE SETIIN9£1F ME ,) PROaI,EM, MEMBERS· SUGGESTED AREAS IN WHICH IMPLICIT DIATION, THE PARTIES HAVE A CLEAR" UNDERSTANOING OF AGREEMENT EXISTED. THE MEDIATORS USED THESE SUG THE PROCESS IN ORPER TO AVOID MISUNDERSTANDINGS. i' GESTIONS INA NEGOTIATING DRAfT. AND THE GROUP AC· NOTES AND TAaLES ACCOMPANY THE Tt:XT. APPENDIXES t CEPTED AtJ.:BUT THREE OF THE DRAFT AGREEMENTS; INCLUDE ABIBLIOGRAPHV, A COMPILATION OF PROJECTS NEXT,THEROUNDTABLE PIVIDEDINTO THREE INTEREST AND REGIONAL CENTERS, AND SAMPLE LE;GISLATION FOR ,GROUPS,EAOH OF WHICH WAS TO WRITE )l'SOWN PRO· STATE·LEVEL MEDIATION DEPARTMENTS.

I,r POSAL TECHNICAL ASSISTANCE CAME FROM A STANDING Sponl!)r1ng Agency: lIS \:xecutive Office of the PreSident Cotm COMMITTEE WITHTECHNICAL EXPERTISE;' BY THE DEAD ell on EnvIronmental Quality, 722 Jackson Place, NW, Washington, LINe, MEMBERS HAD REACHED A CONCENSUS. THE ROUND~ 0020006. TAal,E ACCOMPLISHEP MUCH BEYOND THE AGREEMENT ON Availability; NTIS. Accesslon No. F'B81-176315. (Microfiche) lWOFORI

o . WATER SUPPI, YSYSTEM ACCQMPANIES THE TEXT. FEDERAL GOVERNMENT, AGENCIES ARE EXPRESSIN(3 IN CREASING INTEREST IN NONADVERSARIAt. METHODS OF 46. ,ALteRNATIVE, ENVIRONMENTAL MEDIATION STRUCTURES CONFLICT RESOLUTION. THERE ARE, HOWEVER, IMPEDI~ WITHIN THE FEDERAL GOVERNMENT-FI~AL REPORT. By S, B. CARNDUFF and J. R. RUSSELL Clirk·McGlennon Asso MENTS IN, THI; 'AGENCIES. THEMSELVE$, 'THAT PREVENT ciates; 148 Stille strOOt, Boston" MA 021 09~ 96 p. 198Q. FULL PARTICIPATION IN THESE NEW TECHNIQUES, THE FED o " ' . "f

, . -4 ~\ « Precedinfloasze blank "

ENVIRONMENT TECHNIQUES AND APPLICATIONS

/1::' PANT IN MOST MAJOR ENVIRONMENTAL DISPUTES; YET 'ITS THIS STUDY ASSESSES THE POTENTIAL OF MEDIATION AS A ABILITY TO MANAGE INTENSE CONFLICT OFTEN SUFFERS. TOOLFOR RESOLVING DISPUTES RELATED TO PERMITTING GOVERNMENT AGENCIES ARE THEREFORE BECOMING IN· NEW ,ENERGY FACILITIES AND EXPLORES POSSIBLE fEDER· () ,i' CREASINGLY AWARE THAT IT IS OFTEN THE PROCESS FOL· AL GOVERNMENT ROLES IN STIMULATING THE USE OF }< LOWED TO RESOLVE ISSUES THAT CREATES A PROBLEM, ISSUES; THESE DISPUTES FREQUENTLY RESULT WHEN PAR· , i NOT ONLY THE SUBSTANTIVE DIFFICULTIES POSED BY THE TIES CHALLENGE THE SITING OR MODIFICATION OF AN ISSUES THEMSELVES. PARTIES ON ALL SIDES OF ENVIRON· ENERGY FACILITY ON THE BASIS OF ITS POTENTIAL ENVI· i , , MENTAL ISSUES ARE REALIZING THAT THERE ARE MORE RONMENTAL IMPACT. MEDIATION HAS THE POTENTIAL FOR tj GRAY AREAS THAN BLACK AND WHITE EXTREMES. THEY ACHIEVING QUICKER AND MORE SATISFACTORY SOLUTIONS j'i ARE THEREFORE MORE OPEN TO COOPERATIVE METHODS FOR CERTAIN ENERGY~FACILITY DISPUTES THAN THE ~- OF PROBLEMSOLVING, IN THOSE CASES IN WHICH COL, COURT SYSTEM. MEDIATlbN ALSO CAN LEAD TO COMPRO L LABORATION OR COMPROMISE ARE PREFERRED, THE INNO· MISE AND TO DISCUSSION OF GENUINE ISSUES; IT CAN AC I;, VATIVE TECHNIQUES OF MEDIATION AND FACILITATION ARE COMMODATE NUMEROUS PARTIES AND ISSUES EFFICIENT i"f AVAILABLE. A STUDY OF THE FEDERAL EXPERIENCE WITH LY. MEDIATION Dd~s HAVE LIMITATIONS, HOWEVER. IT !. ) THIRD PARTY TECHNIQUES FOUND THAT THERE IS SIMPLY DOES NOT GUARANTEE AN AGREEMENT, ALTHOUGH IT MAY \\ i: TOO LITTLE DATA FROM WHICH TO DRAW CONCLUSIONS. AT LEAST CLARIFY ISSUES DIVIDING THE PARTIES. MEDIA FAMILY ! WHAT IS THUS FAR REASONABLE TO CONCLUDE IS THAT IN· TION ALSO HAS A LIMITED ABILITY TO SET LEGALLY BIND .. .l. TEREST IN NEW APPROACHES TO CONFLICT MANAGEMENT" ING PRECEDENTS FOR FUTURE DISPUTES. FINALLY. MEDIA (? 1; IS MUCH STRONGER THAN 5 YEARS AGO, SEVERAL ~GEN· TION IS LIKELY TO BE SUCCESSFUL ONLY FOR DISPUTES IN F CIES ARE ATTEMPTING TO INCREASE THEIR PARTIGIPATION VOLVING HOW NATIONAL OR LOCAL ENERGY ENVIRONMEN i'I, !o; IN INNOVATIVE TECHNIQUES, THE TECHNIQUES HAVE THUS TAL POLICY IS TO BE IMPLEMENTED FOR A SPECIFIC FACILI H FAR PROVEN GREAT APPLICABILITY TO PERMIT ISSUANCE TY IN A SPECIFIC LOCALITY. DISPUTES INVOLVING NATIONAL AND STANDARD REVIEW, AND PARTICIPATION HAS BEEN POLICY ARE GENERALLY UNSUITABLE FOR MEDIATION BE ( Ii PASSIVE. MOREOVER, FOUNDATIONS, RATHER THAN THE CAUSE OF THE DIFFICULTY OF IMPLEMENTING AN AGREE GOVERNMENT, PROVIDE FUNDING FOR THESE EFFORTS, MENT AT THE LOCAL LEVEL DIFFERENCES IN FUNDAMEN i "t: AND, IN ALMOST ALL CASES, A PARTY OTHER THAN THE TAL LOCAL POLICY ARE NOT SUITABLE FOR MEDIATION BE l- 49. DELAWARE"";FAMILY COURT ARBITRATION UNIT-THE 50. PROCEDURAL JUSTICE IN FAMILY COURT-DOES THE AD FEDERAL GOVERNMENT INITIATED THE IDEA FOR THIRD )( CAUSE THEY GENERALLY .LACK ROOM FOR COMPROMISE. FAMILY COURT, AGPROJECT EVALUATION. By S. C. MAN· VERSARY MODEL MAKE SENSE? By G. B. MELTON and E. h" PARTY ASSISTANCE. ALTHOUGH AGENCY STATUTES MAY ENVIRONMENTAL GROUPS ARE GENERALLY RECEPTIVE TO ASSE. Delaware Criminal JUstice Planning Commission, State A. LIND. CHILD AND YOUTH SERVICES. V 5, N 1 2 "1: NOT EXPLICITLY PROHIBIT MEDIATION, THEY OFTEN DO SO PARTICIPATION IN MEDIATION EFFORTS, IF CERTAIN BASIC Capltol"i:lldg, 4th Floor, 820 French Street, Wilmington, DE 19801. (SPRING SUMMER 1982). P 65-83. NCJ·86731 INDIRECTLY' BY PROHIBITING CONFID~NTIAL CONDITIONS ARE MET REGARDING RESOURCE REQUIRE 46 p. 1979. NCJ-58580 RECENT PROPOSALS FOR NONADVERSARY PROCEDURES IN i" OFF·THE·RECORD COMMUNICATIONS FOR CERTAIN AGENCY MENTS AND PROCEDURES. ENVIRONMENTAL GROUPS AN EVALUATION OF DELAWARE'S FAM!LY COURT ARBITRA RESOLUTION OF CUSTODY DISPUTES HAVE RELIED ON UN PROCEEDINGS. A NUMBER OF NEW ACTIONS CAN HELP WOULD· NEED FINANCIAL ASSISTANCE,BUT IN FASHION A TION UNIT AFTER 1 YEAR OF OPERATION IS PRESENTED; TESTED ASSUMPTIONS ABOUT PSYCHOLOGICAL HARMS OF OVERCOME THE BARRIERS TO TRYING MEDIATION AND THAT WOULD PRESERVE THEIR INDEPENDENCE AND THE ADVERSARY PROCEDURES AND THE CONTRIBUTIONS THAT PROJECT GOALS. PURPOSES, OPERATION: STUDY FINDINGS, '" SIMILAR TECHNIQUES, EDUCATION OF THOSE RELUCTANT , IMPARTlALITY OF THE MEDIATOR. GOOD FAITH BARGAINING MENTAL .HEALTH PROF.ESSIONALS MIGHT MAKE IN RE t: AND RECOMMENDATIONS ARE OUTLINED. TO SOME INDIVID il TO LEAVE LITIGATION CAN GIVE TJ1EM THE DATA THEY .t.Y ALL PARTIES AND CONFIDENTIAL PA()CEEDINGS ARE QUIRED MEDIATION. THERE IS, IN FACT, REASON TO BE 'f llALS, THE PRIMARY PURPOSE OF THIS PROJECT WAS TO 1, NEED TO MAKE MORE INFORMED DECISIONS. A PRESIDEN. 'ALSO AMONG THE CONDITIONS THEY GENERALLY DESIRE. LIEVE THAT ADVERSARY PROCEEDINGS MAY RESULT IN H DIVERT YOUTH FROM FURTHER JUVENILE JUSTICE SYSTEM TIAL OR CONGRESSIONAL DIRECTIVE TO OPEN UP AGEN IF THE FEDERAL GOVERNMENT ELECTS TO PROMOTE MORE SENSE OF CONTROL OVER THE PROCESS AND A j) INVOLVEMENT; TO OTHERS, THE INTENT WAS TO EXPEDITE CIES TO ALTERNATIVE DECISONMAKING FORMATS WOULD WIDER USE elF MEDIATION, IT COULD PROVIDE IMPARTIAL STRONG BELIEF IN ITS FAIRNESS. IT IS LIKELY THAT THESE T)-IE FLOW OF CASES THROUGH THE COURT WITH MINIMAL ENABLE THE AGENCIES TO REVISE THOSE PRACTICES CUR. FUNDING THROUGH A COALITION OF 'AGENCIES. POSSIBLE BENEFITS ARE APPLICABLE AT LEAST TO OLDER CHILDREN COSTS; SPECIFIC CASELOAD GOALS WERE TO PROCESS 240 RENTLY INHIBITING USE OF THESE FORMATS, A TOTAL OF AVENUES FOR SUPPORT WOULD .BE THE FEDERAL MEDIA AS WELL AS TO DISPUTING PARENTS. ADVERSARY PROCE TO 260 CASES PER' MONTH IN THE NEW CASTLE, DEL, , 54 REFERENCES ARE INCLUDED. THE FIRST APPENDIX IS A TION AND CoNCILIATION 'SERVICE, .A FEDERAL SERVICES DURES MAY ALSO RESULT IN QUICKER, MORE LASTING RES , OFFICE; TO PROCESS 40 TO 60 CASES MONTH IN EACH COMPENDIUM OF F,EDERAL EXPERIENCE. THE TWO REMAIN OMBUDSMAN, TRAINING AND LICENSING OF .ENVIRONMEN ~ER OLUTIONS OF CONFLICT. EVALUATION STUDIES ARE OF THE KENT AND SUSSEX COUNTY J OFFICES; AND TO ING APPENDIXES INCLUDE DATA ABOUT THE STUDY ITSELF TAL MEDIATORS, PILOT MEDIATION PROJECTS, EDUCATION NEEDED TO TEST EFFECTS OF VARIOUS PROCEDURES AND RELATED MATERIALS. SERVICES, AND DIRECT TECHNICAL ANALYTICAL ASSIST , PROCESS 60 PERCENT OF ALL TARGET CASES, I.E •• MISDE MORE DEFINITIVELY. (AUTHOR ABSTRACT) Sponsoring Agency:. US Executive Office of the President Coun. MEANORS, THROUGH THE ARBITRATION UNIT AND THEREBY ANCE. NOTES AND EXHIBITS ACCOMPANY THE TExT. THE " cil on Environmental Quality, 722 Jackson Place, NW, Washington APPENDIXES DISCUSS THE ACTIVITIES OF SEVERAL MEDIA REDUCE THE NUMBER OF REFERRALS FOI;! JUDICIAL 51. MEDIATION ... AN ALTERNATIVE FOR PINS (PERSONS IN DC 20006. ' TION INSTITUTIONS AND PRESENT ADDITIONAL INFORMA ACTION BY 20 PERCENT. THESE GOALS WERE MET DURING NEED OF SUPERVISION)-A RESEARCH REPORT OF THE Avallablllty: NTIS. Accession No. PB81-16566-1f. (MicrOfiche) TION SOUR.CES. (AUnJOR SUMMARY MODIFIED) THE PERIOD EVALUATED; FROM JUNE 1977 THROUGH DE· CHILDREN'S AID SOCIETY'S PINS MEDIATION. PROJECT. CEMBER 1978, THE UNIT PROCESSED 5,771 CASES. THE AV~ By J •..BLOCK and B. KREGER. Children's Aid Society, 105 Sponsoring Agency: US Department ot, Energy, Wash1ngton, DC 48. POTENTIAL OF MEDIATION FOR RESOLVING ENVIRONMEN. ERAGE COST ASSOCIATED WITH PROCESSING A CASE East 22nd Street, Naw York, NY :10010. 151 p. 1982. TAL DISPUTES RELATED TO ENERGY FACILITIES. Ameri. 20585.,. NCJ-87526 THROUGH THE ARBITRATION UNIT WAS ESTIMATED TO BE can Management Systems Inc, 17n N Kent Strset, Arlington, VA EVALUATION OF THE PINS (PERSONS IN NEED OF SUPERVI Avallablllty: NTIS. Accession Nos. DOE!¥\, 10274-1; PC-AQ6 $18.72; ESTIMATED PER CASE COSTS THROUGH JUDICIAL 22209. 111 p. (·1979. NCJ-934n MFA01. (Microfiche) SION) MEDIATION PROJECT IN NEW YORK CITY INDICATES AVENUES WAS $48.00. IT WAS CONCLUDED THAT THE ARBI THAT MEDIATION CAN BE A COST- AND SERVICE·EFFECTIVE TRATION UNIT IS EFFECTIVE AND EFFICIENT IN PROCESSING ALTERNATIVE TO THE COURT PROCESS FOR A GOOD PRO· DEFENDANTS AND CASES, ALLOWS CRIME VICTIMS TO HELP PORTION OF STATUS OFFENDERS AND THEIR FAMILIES. iHE OETERMINE THE FINAL DISPOSITION, AND ENABLES THE STUDY GATHERED DATA FROM TWO SETS OF FAMILlES COURT TO REVIEW THE CHARGES, DETERMINE THE COUN THOSE WHO OPTED FOR MEDIATION TO HANDLE THEIR :::: SEL FACTORS, AND SEEK EFFECTIVE AVENUES FOR RESO CHILD'S PROBLEM AND THOSE WHO CONTINUED WITH THE LUTION. MOST IMPORTANT, IT ENABLES DEFENDANTS WHO NORMAL COURT PROCESS-ON THEIR SOCiOECONOMIC SUCCESSFULLY COMPLETE THE PROGRAM TO LEAVE WITH AND DEMOGRAPHIC BACKGROUNDS, AS WELL AS THEIR OUT A RECORD INDICATING AN ADJUDICATION OF DELlN- PERCEPTIONS OF FAMILY PROBLEMS, iHE COURT. THE USE 'QUENCY OR A FINDING OF GUILT. IT WAS RECOMMENDED OF AUTHORITY, .AND PSYCHOSOCIAL PROCESSES. BOTH THAT THE PROJECT STAFF APPLY TO LliM FOR. CONSIDER SETS FOUND THE PROJECTS HELPFUL IN RESOLVING THEIR ATION AS AN EXEMPLARY PROJECT, AND, THAT THE STAFF PROSI EMS. FAMILIES GOING TO COURT CONSIDERED THEM IMMEDIATELY WRITE DOWN THE CRITER1A USED TO DETER. se,'C:,~"STRICTER. HAD CHILDREN WITH RUNAWAY BEHAV- MINE CASE ARBITRATION. TABULAR INFORMATION AND AP 10R~AND WERE MORE LIKELY TO PREFER PLACEMENT AS A PENDIXES INCLUDING FLOW CHARTS ARE INCLUDED IN THE SOLUTION TO THEIR CHILDREN'S PROBLEMS. WHILE FAMI EVALUATION: (AUTHOR ABSTRACT MQPIFIED) LIES REPORTING SATISFAOTION WITH TI;jE COURT PROCE Availability; NatlQnal Institute of Justice.• National Crimi rial Justice DURE ATTRIBUTED THIS TO THE FACT THAT THEIR CHIL Reference Service Microfiche PrQgram. '" DREN WERE PLACED OUTSIDE THE HOME, FAMILIES UNDER-

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FAMILY TECHNIQUES AND APPLICATIONS

GOING MEDIATION OFTEN CREDITED THE SERVICE WITH 1M· THE CHilD NOW MORE MANAGEABLE? WERE THE PRESENT· PROVING INTRAFAMllY COMMUNICATION. THUS, DIFFERENT ING PROBLEMS RESOLVED? THE RESEARCH ALSO CONSID TYPES OF FAMILIES SEEK DIFFERENT OUTCOMES; THEIR ERED WHETHER THE FAMilY COMPLETED MEDIATION, AT EVALUATION OF THE SERVICE THEY RECEIVE REFLECTS TENDING ,All SESSIONS SCHEDULED FOR THEM, AND THOSE EXPECTATIONS. THIS SUGGESTS THAT FAMILIES WHETHER THE CHilD DID NOT RETURN TO THE FAMilY SHOULD BE COUNSELED AT THE OUTSET TO SET REALISTIC COURT ON A NEW PINS CHARGE. POSITIVE RESULTS FOR GOALS AND BE AWARE OF WHAT THE COURT CAN OFFER. EACH FAMilY FOR EACH OF THE .rIVE FACTORS WERE MEDIATION WAS MOST SUCCESSFUL WITH FAMILIES WHOSE ADDED TOGETHER AND ANALYZED ON A SCALE FROM ZERO CHilDREN WERE OLDER THAN 13 YEARS, HAD NO PRIOR TO FIVE. RESULTS SHOWED THAT THE VAST MAJORITY OF PINS EXPERIENCE, AND TOOK- AN ACTIVE INTEREST IN THE THE FAMILIES WHO PARTICIPATED IN MEDIATION-77.3 PER SESSIONS. STUDY DATA AND NINE REFERENCES ARE PRO· CENT-WERE MODERATEly"OR HIGHLY SUCCESSFUL IT IS VIDEO. CONCLUDED THAT lEGISLATIVE CHANGE SHOULD BE PRO Avaibtblhty: Children's Aid Society, 105 East 22nd Street, New POSED TO PROVIDE MEDIATION AS A FIRST STEP IN A MAN York, NY 10010. DATORY DIVERSION ARRANGEMENT FOR FAMILIES WITH SE RIOUS PARENT-CHilD CONFLICTS. CHARTS AND DATA 52. ALTERNATIVE MEANS OF FAMILY DISPUTE RESOLUTION. TABLES ARE PROVIDED. ADDITIONAL STUDY DATA ARE Ap· H., DAVIDSON, L RAY, and R. HOROWITZ, Eds. American JUDICIAL SYSTEM" Bar Association SpeCial Committee on Resolution of Minor Dis· PENDED. putes, 1800 M Street, NW, Washington, DC 20035. 606 p. Supplemental Notes: RESEARCH REPORT OF THE PINS MEDI 1982. NCJ·92365 ATION PROJECT. THIS COLLECTION OF PAPERS DERIVES FROM A CONFER [I ENC'E ON ALTERNATIVES TO FAMilY DISPUTE RESOLUTION 54. MEDIATION-PROFESSIONAL DYNAMICS. By M. J. ROSAN· AND SEEKS TO ASSESS THE STATUS OF ALTERNATIVE OVA. MEDIATION QUARTERLY,N 1 (SEPTEMBER 1983), P METHODS (MEDIATION, CONCILIATION, ARBITRATION) BEING 63-73. NCJ·93278 IMPLEMENTED IN LIEU OF THE ADVERSARIAl APPROACH IN WHilE SOME' LAWYERS AND THERAPISTS BELIEVE IT IS IN SUCH MATTERS AS DIVORCE, CHilD Cl'STODY, AND 'ADOP THEIR SELF-INTEREST TO OPPOSE THE DEVELOPMENT OF TIONS. THE COLLECTION OF 27 ARTIClUS IS DIVIDED INTO THE PRACTICE OF MEDIATION IN REACHING DIVORCE 55. TORT C.I\SES IN JUDICIAL AND ALTERNATIVE DISPUTI; RES- SIRABlE WOULD BE MANDATORY SUBSTITUTES FOR JURY THE FOllOWING TOPICS: DIVORCE MEDIATION,. DOMESTIC AGREEMENTS, MANY JUDGES, LAWYERS, AND THERAPISTS OLUTIOr..1 SYSTEMS. By R. E•. KEETOI'l. 99 p. 1979. TRIALS. EXTENSIVE FOOTNOTES ARE INCLUDED. VIOLENCE MEDIATION, AND PARENT-CHilD DISpUTE RESO ARE NATURAL ALLIES OF MEDIATION BECAUSE OF THE PRO NCJ-64688 lUTION. 'PAPERS IN THE FIRST SECTION DESCRIBE, THE FESSIONAL BENEFITS IT OFFERS THEM. IN DIVORCE MEDIA Sponsoring Agency: US Department of Justice Federal Justice ACTORS AND PROCEDURES OF MEDIATED DIVORCE SETTlE TION, TWO SPOUSES CONTEMPLATING DIVORCE WORK JUDICIAL SYSTEMS FOR RESOLVING TORT DISPUTES ARE Research Program, Room 4235, 10th and Pennsylvania Avenues, MENT,CONTRASTING IT TO THE TRADITIONAL ADVERSARIAl WITH EACH OTHER AND WITH A SKillED PROFESSIONAL . COMPARE> WITH AlTERNATIVETORT DISPUTE RESOLUTION Nit.', Washington, DC 20530. PROCESS AND SUGGESTING THAT ITS ADVANl'AGES LIE IN WHO HAS BEEN TRAINED TO HELP THEM MUTUAllY RE· SYSTEMS. OYER THREi:-QUARTERS OF TORT CASES ARE THE OPPORTUNITY IT PROVIDES FOR SEPARATING MAR Availability: National Institute of Justice National Criminal Justice SOLVE ISSUES OF PARENTING, PROPERTY, AND SUPPORT. CLAIMS FOR COMPENSATION FOR ACCIDENTAL INJURY TO Reference Service Microfiche Program. RIAGE PARTNERS TO COOPERATIVELY PARTICIPATE IN DE· THE DIVORCE AGREEMENT IS NEGOTIATED COOPERATIVE PERSONS OR PROPERTY, USUAllY BASED ON NEGLIGENCE. CIS ION MAKING REGARDING THEIR CHilDREN AND PROPER lY, AND NEITHER PARTY WINS AT THE EXPENSE. OF THE ANGlO·AMERICAN RULES AND PRACTICES ARE BASEP ON 56, HUMANISTS AS MEDIATORS-AN EXPERIMENT IN THE TY. SEVERAL PAPERS DEAL WITH PROFESSIONAL, ETHICS OTHER. A JUDGE MUST APPROVE ANY SETTLEMENT AGREE THREE PRINCIPLES: FAULT, STRICT ACCOUNTABILITY, AND . COURTS OF MAINE. By A. L. GREASON. AMERICAN BAR ISSUES OF MEDIATION PRACT,ITIONERS. INDIVIDUAL PAPERS MENT DURING THE DISSOLUTION HEARING, AND INDEPEND· WELFARE. CLAIMS ARE COMMONLY PRESENTED IN BIPOLAR ASSOCIATION JOURNAL, V 66 (MAY 1980), P 576·579. DISCUSS THE EMOTIONAL CONTEXT OF DIVORCE, ESTIMAT ENT lEGAL COUNSEL MUST PREPARE A lEGAllY BINDING FORM, INVOLVING ONE CLAIMANT AND ONE DEFENDANT. NCJ-67988 ING CASELOAD AND PERSONNEL REQUIREMENTS IN . AGREEMENT THAT REFLECTS THE RESULTS OF THE MEDIA DISPUTES USUALLY CONCERN BOTH FACTS AND EVALUA COURT·RELATED CONCILIATION PROGRAMS, AND SPECIFIC TION AND ALSO REPRESENTS THE PARTIES IN THE COURT THE EVIDENCE THAT MEDIATION LEADS TO A MORE EQUITA PROGRAMS SUCH AS THE FAMILY CONCILIATiON COURT OF PROCEEDING. YET, MEDIATION REMAINS A DISTINCTIVE TIONS AND RELATE TO PAST ACTIONS. CRITERIA FOR EVAL BLE AND AMIABLE RESOLUTION THAN CAN BE PROVIDED BY lOS ANGELES COlJNTY (CALIFORNIA), ARTICLES ON DOMES CONFLICT-REDUCING TECHNIQUE THAT IS NEITHER THE UATING THE DISPUTE RESOLUTION SYSTEMS' EFFECTIVE· A TRIAL JUDGE HAS CONTRIBUTED TO ITS WIDESPREAD AC TIC VIOLENCE MEDIATION O;:MPHASIZE SCREENING PROCE- PRACTICE OF LAW NOR OF THERAPY. THE MEDIATION PRO NESS INCLUDE PROCEDURAL EFFECTIVENESS AND NON CEPTANCE AND GROWTH IN MAINE COURTS SINCE 1976. 'DURES, MEDIATOR TRAINING AND INTERVENTION AP FESSION, HOWEVER, FACES POTENTIAL CRITICISMS FROM PROCEDURAL CRITERIA. JURY TRIALS OFFER PROCEDURAL THE MEDIATION PROGRAM WAS FIRST SPONSORED BY THi: PROACHES, AND THE ROLE OF SHELTER STAFF IN MEDIA. BOTH THE ESTABLISHED BAR AND THERAPISTS. LAWYERS BENEFITS BUT ARE OFTEN DELAYED AND COSTLY. THEY CUMBERLAND COUNTY BAR ASSOCIATION, THE, MAINE TION. THE FINAL SECTION, RELATES TO STATUS OFFEND CRITICIZE MEDIAT!ON BECAUSE IT IS NOT A REFLECTION OF ARE THEREFORE .LIKELY TO BECOME INCREASINGLY lESS LABOR RELATIONS BOARD, AND ,THE MAINE COUNCil FOR ERS' AND THEIR FAMILIES' NEEDS FOR DISPUTE RESOLU· THE ADVERSARIAl PROCESS IN WHICH THEY ARE TRAINED, ACCEPTABLE AS A TORT DISPUTE RESOLUTION SYSTEM. THE HUMANITIES AND PUBLIC POLICY, IT WAS SET UP AS AN TION OUTSIDE THE CRIMINAL JUSTICE SYSTEM. SOME ARTI AND FURTHER ARGUE THAT AMOUNTS TO THE THEY IT~ NONJURY TRIALS ARE MORE TIMELY, ACCESSIBLE, AND AF· EXPERIMENT IN SMAll CLAIMS COURTS,MEDIATION'S WIDE CLES CONTAIN TA~ULARDATA, CHARTS, AND SAMPLE PRACTICE OF LAW BY MEDIATORS WHO MAY NOT BE MEM· ,FORDABLE THAN JURY TRIALS, SUT MAY NOT BE AS IMPAR SPREAD GROWTH IN MAINE HAS BEEN DU.E LARGELY TO FORMS, APPENDED ARE BIBLIOGRAPHIES AND A LIST OF BERS OF THE BAR. THERAPISTS'TEND TO CHAllENGE MEDI TIAL, ACCURATE, OR CONSISTENT. NONPROCEDURAL CRITE THE SUCCESS OF THE ORIGINAL EXPERIMENT AND TO THE AMERICAN BAR ASSOCIATION PUBLICATIONS. ATION BECAUSE IT EMPLOYS THE PSYCHOLOGICAL PRINCI· RIA FOR EVALUATION INCLUDE SEN,SITIVITY TO All INTER Availability: American Bar Associatlon Special Committee on Res PLES OF CONFLICT RESOLUTION WITHOUT ADHERING TO NATURE OF THE MEDIATORS. CURRENTLY, All MEDIATORS ESTS, CONSISTENCY WITH DECLARED PRINCIPLES, EFFECT olution of Minor Disputes,1800 MStreet, NW, Washington, DC MANY OF THE GOALS AND TECHNIQUES OF THERAPY. BOTH ARE LAY PEOPLE WITH EXPERIENCE AS TEACHERS OR IN 20036. ON CONSISTENCY WITH DECLARED PRINCIPLES, EFFECT ON LAWYERS AND THERAPISTS MUST COME TO ACCEPT THAT THE HUMANITIES. BY THE END OF THE EXPERIMENT'S FIRST CONTINUING RELATIONSHIPS, THE RELATION~IP~ BE YEAR, MEDIATORS RESOLVED 65 PERCENT' OF THEIR '.", 53. PARENT-<:HILD MEDIATION-AN ALTERNATIVE THAT MEDIATION IS NEITHER A CHALLENGE TO NOR A HYBRID OF TWEEN SIJBSTANTIVELAW STANDARDS AND BURDENS OF WORKS. By M. MORRIS. Children's Aid ,Society, 105 East THEIR PROFESSIONS BUT RATHER A DISTINCTIVE PRACTICE CASES. IN DIVORCE CASES, THE RESOLUTION WAS MUCH 22nd Street, New York, NY 10010.,84 p. 1983. REQUIRING DISTINCTIVE PROFESSIONAL SKillS. Al.1IES OF DISPUTE RESOLUTION, AND ADAPTABILITY TO DIFFERENT HIGHER. THE INFORMALITY OF THE MEDIATION PROCESS NCJ·92463 MEDIATION TEND TO BE JUDGES WHO APPRECIATE THE CA· KINDS OF DISPUTES. ALTERNATIVES TO JUDICIAL DISPUTE OFFERS FLEXIBILITY IN SERVICES NOT AVAILABLE IN THIS EVALUATION OF THE CHilDREN'S AID SOCIETY'S PINS PACITY OF MEDIATION TO REDUCE OVERCROWDED COURT RESOLUTION SYSTEMS INCLUDE (1) STRUCTURING INCEN COURT. PARTIES TO A DISPUTE ARE TOLD BY THE JUDGE MEDIATION PROJECT CONCLUDES THAT COMMUNITY·BASED DOCKETS WITHOUT REDUCING THE COURT'S ULTIMATE AU TIVES FOR SETTLEMENT THROUGH THE USE OF PRETRIAL THAT MEDIATION IS AVAILABLE AND ENCOURAGED. THE ME MEDIATION DOES WORK WITH THE STATUS OFFENDER POP THORITY OVER DIVORCE AGREEMENTS; LAWYERS WHO .CONFERENCES INITIATED BY COURTS AND .BV REQUIRING DIATORS DISCUSS WITH THE PARTIES All ASPECTS OF THE I ULATION AND PROVIDES A GOOD ,ALTERNATIVE TO THE ,', VIEW MEDIATION AS A MORE EFFECTIVE MEANS OF HAN· " ' ARBITRATION AS A PREREQUISITE TO ~URY TRIALS AND (2) ISSUES INVOLVED AND PROPOSE SOLUTIONS. ALTHOUGH FAMILY COURT BY IMPROVING COMMUNiCATION,ALlEVIAT· DLiNG DIVORCE CASES THAN THE ADVERSARIAl APPROACH A PROGRAM OF INSTITUTIONALLY SPONSORED SETTLE· MEDIATION IS NO MORE .EFFICIENT THAN A HEARING AND ,ING CRISIS, AND AllOWING FOR THE RESOLUTION OF AS WEll AS A WAY TO EXPAND THEIR INCOMES BY SERV--;f' MENT PROCEDURES WITH INCENTIVES FOR MAKING GENU· TAKES MORE TIME, IT CAN SAVE THE COIJRT MONEY BY FAMilY CONFLICTS OUTSIDE THE ADVERSARIAl COURT ING AS MEDIATORS, AND THERAPISTS WHQ VIEW MEDIA INE BEST OFFERS EARLY. ANALYSIS OF THE POSSIBLE SYS· AVOIDING CONTINUANCES AND APPEALS. IT CAN ALSO SAVE SYSTEM. THE RESEARCH ASKED SEVERAL QUESTIONS OF T!ONAS AN ARENA APPROPRIATE FOR THEIR SKilLS AND TEMS SUGGESTS THAT SYSTEMS CURRENTLY IN USE MONEV FOR SMAll CLAIMS DISPUTANTS AND DIVORCE THE PARTICIPATING FAMILIES 2 MONTHS AFTER THEIR LAST AS ANEW SOURCE OF INcoMi:. THIS PAPER ALSO DE SHOIJLD BE ASSESSED. THE MOST DESIRABLE SYSTEM IS PARTIES. MEDIATION IN MAINE IS NOW BEING FUNDED BY MEDIATION SESSION. DID THE PETITIONER (USUAllY THE SCRIBES ILLINOIS' EXPERIENCe IN DEVELOPING PROFES ,. THE' OPTIONAL' lOW·COST DISPUTE RESOLUTION SYSTEM; THE STATE AS PART OF ITS JUDICIAL BUDGET; FURTHER PARENn THINK THAT MEDIATIO(ll HAD BEEN HELPFUL? WAS SIONAL MEDIATORS. FOURTEEN REFERENCE$ ARE LISTED. SECOND WOULD BE PROCEDURES MANDATED AS CONOI· STUDIES ARE BEING SUPPORTED BV A GRANT FROM THE TIONS BUT NOT SUBSTITUTES rOR JURY TRIALS. lEAST DE- NATIONAL SCIENCE FOUNDATION •.

22 23 I, ;.. ",

.. ~ , JUDICIAL SYSTEM TECHNIQUES AND ~PPLICATIONS 1978 - 1982 JUDICIAL SYSTEM

G 57. ARBITRATIO.N AND THE COURTS-ARBITRATION SYS1:EMS CREATING ALTERNATIVES TO COURT. AFTER AN ALLOCA OF THREE ARBITRATORS FOR CASES SEEKING MONEY DAM PORTED AT LEAST 1 SPECIAL PROCEDURE AIMED AT LIMIT IN ENGLAND AND WALES. By J. STEYN. THE ARBrrl:lA- TION PLAN HAS BEEN DEVISED, THE PROBLEMS OF AGES NOT EXCEEDING $100,000 AND GENERALLY INVOLV ING CONTINUANCES AND THUS ADHERING TO A FIRM TRIAL TION JOURNAL, V 35, N 4 (DECEMBER 1980), P 9-15.' COURTS' ACCESSIBILITY AND EFFICIENCY SHOULD BE TACK ING PERSONAL INJURY OR CONTRACT SUBJECT MATTER. DATE. DIVERSION STRATEGIES ALSO FELL INTO THREE CAT NCJ·74222 LED. THE FIRST PRIORITY MUST BE TO PROVIDE LEGAL EVALUATION INFORMATION Wi\S COLLECTED OVER 2 YEARS EGORIES: JUDICIAL ARBITRATION, MEDICAL MALPRACTICE THE ARBITRATION SYSTEM OF ENGLAND AND WALES IS DIS COUNSEL TO ALLWHO NEED IT. SiJc::,H .MEASURES AS DE THROUGH QUESTIONNAIRES FROM COUNSEL, DOCKET IN SCREENING PROCEDURES (SUGGESTED AS A MODEL FOR CUSSED IN TERMS OF ITS HISTORY, ITS MERITS AND VELOPMENT OF PREPAID LEGAL SERVICES PLANS OR LEGAL FORMATION, QUESTIONNAIRES FROM ARBITRATORS, AND OTHER TYPES OF SCREENING), AND SETTLEMENT PRO FAULTS, THE REFORM MOVEMENT, AND. THE SIGNIFICANCE INSURANCE MAY BE ADVISABLE. ACCORDING TO A STUDY INTE.FiVIEWS WITH ARBITRATORS, COUNSEL, AND COURT GRAMS. JUDICIAL ARBITRATION INVOLVE$< AN INFORMAL OF THE ARBITRATION ACT OF 1979. FOR SEVERAL CENTUR BY TH'E NATIONAL CENTER FOR STATE COURTS, COURT EF PERSONNEL THE .RESULTS OF THE EVALUATION SUGGEST HEARING ATTENDED BY PARAJUDICIAL PERSONNEL THE IES ENGLISH COURTS HAVE EXERCISED EXTENSIVE CON FICIENCY DEPf,NDS LARGELY ON THE ATTITUDES OF LAW THAT MORE EXPEDITIOUS SETTLEMENT HAS BEEN HEARING RESULTS IN A DISPOSITION THAT IS FILED IN TROL OVER THE ARBITRAL PROCESS. UP UNTIL THE END OF YERS AND JUDGEl> •. EFFORTS OF CONGRESS, THE JUSTICE ACHIEVED BECAUSE OF COURT-ANNEXED ARBITRATION, COURT. THE MEDICAL MALPRACTICE SCREENING METHOD ruE 19TH CENTURY, JUDGES SOMETIMES OPENLY SHOWED DEPARTMENT, AND Tf.tE O,RGANIZED BAR TO HANDLE CiVI~ BUT FREQUENT TERMINATION BY ACCEPTANCE OF AN : .' "INCUDES A HEARING BEFORE A PANEL OF ATTORNEYS, THEIR HOSTILITY TO ARBITRATION. THE CREATION OF THE LITIGATION EXPEDITIOUSL'l'.cTHE ARTICLE CONTAINS .49 AWARD HAS NOT. THE ARBITRATION RULES'HAVE CAUSED JUDGES, AND PHYSICIANS. SETTLEMENT PROGRAMS ARE COMMERCIAL COURT IN 1895 MARKED ruE END OF THE ERA FOOTNOTES. A DECREASE IN TIME FROM FILING TO DISPOSITION OF HEAVILY USED FOR CIVIL CASES. SETTLEMENT MECHA IN WHICH JUDGES VIEWED AR81TRATIONS AS RIVAL TRIBU CASES IN TWO OF THE THREE DISTRICTS. IT APPEARS THAT NISMS INCLUDE MEDIATION, MOCK TRIALS, AND NALS.. NEVERTHELESS, ENGLISH ,JUDGES CONTINUED TO 59. ROCHESTER ANSWER TO COURT BACKLOGS. By S. COURT·ANNEXED ARBITRATION CAN SERVE AS AN EFFEC COURT-ORDERED CONFERENCES. THE OUTCOME IS USUAL MAKE AMPLE USE OF THEIR SUPERVISORY POWERS TO WELLER, J. C. RUHNKA, and J. A. MART!,.,. JUDGES' JOUR· TIVE DEADLINE FOR CASE PREPARATION, SUBSTITUTING LY A NEGOTIATED SETTLEMENT OR DECISION BETWEEN ENSURE,5HAT'AR8ITRATORS APPLIED THE LAW OF ENG NAL, V 20, N 3 (SUMMER 1981), P 36-45. . tiCJ:79067 FOR TRIAL, NOT AS A FORUM FOR CASE RESOLUTION, BUT THE PARTIES, WITH INpUT BY THE JUDICIAL ARBITRATOR. LAND AND NOT SOME PRIVATE, SYSTEM OF .ARBITRATION THIS ARTICLE REPORTS THE RESULTS OF AN EVA!.UATiOf)! AS A STIMULUS TO SETTLEMENT. IT IS MUCH LESS CLEAR THE SURVEY INSTRUMENTS, SURVEY DATA, LIST OF RE LAW. ruE PRINCIPAL MEANS OF ExERCISING TH!S CONTROL OF'ruE COMPULSORY CIVIL ARBITRATION PROGRAM IN THE THAT THE ARBITRATION RULES HAD TANGIBLE CONSE SPONDENTS, AND A BIBLIOGRAPHY OF 60 ENTRIES ARE WAS THE SPECIAL CASE PROCEDURE. AS DISSAtiSFACTION ROCHESTER CiTY COURT (NEW YORK). BEGUN IN OCTOBER QUENCES FOR CASES THAT REACHED AN ARBITRATION PROVIDED. WITH THE SITUATION GREW, THE MOVEMEf)!T FOR REFPRM . HEARING. ABOUT 40 PERCENT OF ARBITRATED CASES 1970, THE ROCHESTER PROGRAM INCLUDES ALL CI\lIL Supple"lental Notes: RAND PUBLICATION SERIES. WASG!VEN A FINAL IMPETUS BY THE JULY' t978 PUBUCA CASES IN THE CITY COURT EXCEPT EVICTIONS AND SMALL WERE DISPOSED OF BY THE ARBITRATION PROCESS; IN THE TION OF'THE 'REPORT ON ARBITRATION OF THE COMMER' OTHER SO PERCENT, THE ARBITRATION WAS VOIDED BY A Sponsoring .o.gency: Rand Corporation The Institute for Civil Jus CLAIMS. WITH THESE EXCEPTIONS, ALL CIVIL CASES Wlru tice, 1700 Main Street, Santa Monica, CA 90406. CIAL COURT COMMITTEE.' ruE ARBITRATION ACT OF 1979 AN UPPER JURISDICTIONAL LIMIT OF $6,000 NQW ARE DEMAND FOR TRIAL DE NOVO. THE REPORT OFFERS SUG· LARGELY FOLLoWED THE RECOMMENDATIONS OF THE SCHEDULED FOR ARBITRATION. IN ADDITION, SUPREME GESTIONS ON HOW THE EFFECTIVENESS OF ARBITRATION Ava~lablllty: Rand Corporation, 1700 Main Street, Santa Monica, CA 90406 Stock Order No. R-2732-1CJ; National Institute of REPORT. IN ESSENCE, THE 1979 ACT WAS A PRAGMATIC COURT (NEW YORK'S GENERAL TRIAL COl,lRn CASES CAN FOR PROMOTING. POSTHEARING SETTLEMENT MIGHT BE COMPROMISE. IT ASL'!,.ISHED, INTER ALIA, THE SPECIAL ENHANCED. BECAUSE SUBSTANTIAL NUMBERS OF CASES Justice National Criminal Justice Reference Service Microfiche BE SENT TO ABRITRATION ~Y STIPULATION OF THE PAR Program. CASE PROCEDURE BUT CRE.lI,TED A NEW AND FAIRLY RE TIES. THE EvALUAT'ON FOCUSED ON THE GOALS OF THE PROCEED BEYOND THE ARBITRATION HEARING, THE CON STRICTED APPEALPROCEDURJ:. iT IS ARGUED HEREIN THAT I CEPT OF ARBITRATION AS A MECHANISM TO PROMOTE ARBITRATION PROGRAM AND THE DEGREE TO WHICH DESPITE IMPERFECTiONS OF TIiE NEW SYSTEM WHICH ARE POSTHEARING SETTLEMENTS MAY WARRANT SPECIAL AT· 62. JUDICIAL ARBITRATION IN CALIFORNIA-THE FIRST YEAR. THOSE GOALS HAVE BEEN ACHIEVED. THE FOLLOWING CRI By D. R. HENSLER, A. J. LIPSON, and E. S. RALPH. Rand CURRENTLY UNDIOR REVIEW BY COMMERCIAL COURT TENTION. OVERALL, COURT-ANNEXED ARBITRATION PROM fl.!!: TERIA WERE SELECTED AS YARDS\~2KSBY WHICH THE (I Corporation The Institute for Civil Justice, 1700 Main Street, Santa COMMITTEE, A REASONABLE BALANCE~AS BEEN ACHIEVED SUCCESS OF THE PROGRAM WOULD BE JUDGED: (1) THE ISES TO EXPEDITE LITIGATION FOR MAIIIY CASES, BUT IT RE Monica, CA 90406. 140 p. 1981. NCJ-82325 THROUGH THE NEW LAW BETWEEN THE'qJMPETING PRIN· MAINS UNCERTAIN WHETHER THE RULES WILL RESULT IN !l ABILITY OF THE ARBITRATION PROGRAM TO .DISPOSE OF FINDINGS ARE PRESENTED FROM AN EVALUATION OF THE CIPLES OF FINALITY AND LEGAL CERTAINTY•• ~PPROXIMATE DECREASED INCIDENCE OF TRIALS. TABULAR DATA ARE Ii CASES AND REDUCE THE COURT'S BACKLOG; (2) THE ABILI· FIRST YEAR OF JUDICIAL ARBITRATION IN CALIFORNIA. IN , LY 50 FOOTNOTES ARE INCUJD,ED IN THE ARTICLe:, (AUTHOR GIVEN, APPENDIXES CONTAIN TEXTS OF ruE RULES AND N TY OF THE PROGRAM TO REDUCE DELAY, PARTICULARLY 1978, THE CALIFORNIA LEGISLATURE ADOPTED A JUDICIAL it ABSTRACT MODIFIED). -', '. '., , St!,JDY INSTRUMENTS. DELAY TO DISPOSITION ONCE A CASE IS READY FOR TRIAL; ARBITRATION PROGRAM WHOSE RULES PROVIDE THAT THE ~i Supplemental Notes: ORIGINALLY PF!~SENTED AS A PAPER Avallaii!!!ty: National Institute of JUslice National Criminal Justice (3) THE EFFICIENCY OF THE PROGRAM IN TERMS OF SAV COURT ORDER ALL CIVIL DAMAGE SUITS VALUED AT $15,000 0 AT AN INTERNATIONAL ARBITRATiON CONFERENCE IN BER Reference Service Microfiche Program. \ INGS IN ATTORNEY TIME AND EFFORT AND ATTORNEY FEES ,.f' MUDA, MARCH 26·28, 1980. OR LESS TO BE HEARD BY A SINGLE RANDOMLY SELECTED " TO LITIGANTS; .AND (4) THE QUALITY OF JUSTICE DiSPENSED 61. COURT EFFORTS TO REDUCE PRETRIAL DELAY-A NA· ATTORNEY OR RETIRED JUDGE WHO HAS VOLUNTEERED TO L BY THE PROGRAM, TO TEST THE EVALUATION, A 'CONTROL' I 58. ROLE OF COURTS AND THE LOGIC OF COURT Rf:FORM TIONAL INVENTORY. By P. A •. EBENER. 137 p. 1981. SERVE AS AN ARBITRATOR. BOTH PARTIES IN A SUIT MAY j. NOTES ON THE JUSTICE DEPARTMENT'S APPROAC.i 'TO 1M· COURT (THE SYRACUSE CITY COURT, N.Y.) WITH A SIMILAR NCJ-80393 STIPULATE ARBITRATION OF ANY CASE, REGARDLESS OF ,i, L PROVING JUSTICE. By A. SARAT. JUDICATURE, V 64, CASELOAD .BUT WITHOUT THE ARBITRATION PROGRAM WAS TELEPHONE SURVEYS OF 50 STATE COURT ADMINISTRA MONETARY VALUE INVOLVED. THE RULES FURTHER PRO I N 7 (FEBRUARY 1981), P 300·311. NCJ·75840 COMPARED WITH THE ROCHESTER COURT. DATA WERE TORS AND 40 ADMINISTRATORS OF COURTS IN MAJOR VIDE FOR COMPLETING THE ARBITRATION PROCESS WITHIN ti NOTING THE REFORMS OF THE AMERICAN JUQICIAL COLLECTED FROM THE CASE RECORDS OF BOTH COURTS, CITIES WERE USED TO COLLECT DATA ON TYPES OF TAC 3,J.loiiiIMS OF A CASE'S ASSIGNMENT TO THE PROGRAM. ~I SYSTEM SINCE 1977, THIS ARTICLE STATES THAT BEFORE PERSONAL INTERVIEWS WERE CONDUCTED WITH JUDGES TICS USED TO REDUCE PRETRIAL DELAY, THE NUMBER OF THE ARBITRATORS ARE DIRECTED TO CONDUCT THE \-tEAR i ). ",' COURTS CAf)! BE MADE MORE ACCESSIBLE AND EFFICIENT, AND COURT STAFF, .AND QUESTIONNAIRES WERE SENT TO SPECIFIO TYPES OF PROCEDURES IN USE, AND THE DISTRI· ING AS INFORMALLY AS POSSIBLE, WITH RELAXED HULES ~ TYPES OF DISPUTES IN COURTS SHOULD BE DETERMINED. ABOUT 300 ATTORNEYS WHOSE NAMES APPEARED IN THE SUTION. OF PROCEDURES ACROSS COURTS. PRETRIAL OF EVIDENCE. THE FIRST-YEAR EVALUATION EXAMlr~ED (1) l , .~, ROCHESTER ARBITRATION FILES. THE DATA SHOW THAT 1 IN THE LAST 100 YEARS, THE TYPE OF CASES HANDLED BY DELAY·REDUCING TACTICS FELL INTO TWO MAJOR GROUPS: WHETHER ARBITRATION REDUCES COURT CONGESTION OR to, COURTS HAS CHANGED AND ruE OVERALL NUMBER OF THE COMPULSORY CIVIL ARBITRATION PROGt;lAM IN ROCH· MANAGEMENT EFFORTS TO STREAMLINE OR IMPROVE MAN· BACKLOGS OR BOTH, (2) WHETHER IT SPEEDS DISPUTE :, ESTER PRODUCED A SUBSTANTIAL .REDUCTION IN RETRIAL r, CASES HAS INCREASED. MANY OF THE CASES SHOULD NOT AGEMENT OF CASES PROGRESSING THROUGH THE SYSTEM RESOLUTION, (3) WHETHER IT CUT COSTS,AND (4) WHETH· ,::::, BE HANDLED BY THE COURTS, BUT BY THE PRIVATE OR SETTLEMEr:nS. HOWEVER, TOTAL CASE PROCESSING TIME AND DIVERSION EFFORTS TO REDUCE THE NUMBER OF ER PARTICIPANTS PREFER ARBITRATION TO MORE TRADI i' H PUBLIC SECTORS. THEY INCLUDE NONADVERSABY CASES WITH ARBITRATION REMAINED HIGH COMPARED WITH SYR· CASES PROGRESSING TOWARD TRIAL. ABOUT 25 MANAGE· TIONAL PROCEDURES. DURING THE FIRST YEAR, ABOUT II ACUSE GRAPHS, TABLES, AND 11 FOOTNOTES ARE PROVID· -...... t~ SUCH AS NONCONTEST DIVORCES AND CRi:DIT0R-DEBTOR MENT PROCEDURES WERE IDENTIFIED, BUT ALL OF THESE 24,000 CASES WERE DIVERTED TO THE ARBITRATION PRO ~ ACTIONS, OR CASES INVOLVING SPECIALIZED KNOWLEDGE. ED. WERE DIRECTED TOWARD THREE STRATEGIES: EFFICIENT GRAM IN THE 13 COURTS REQUIRED TO ADOPT IT. THIS IS '. p THUS, IN ORDER TO MAKE COURTS MORE EFFICIENT AND Sponsoring Agency; National Science Foundation, 1800 G MANAGE;MENTOF COURT' RESOURCES, EXPEDITIOUS PRE· ABOUT TWICE THE NUMBER OF CASES DIVERTED TO THE ACCESSIBLE, STANDARDS FOR ALLOCATION OF CASES Street, NW, Washington, DC 20$50. TRIAL PROCESSING USING SIMPLIFIED AND STREAMLINED STATE~S PREVIOUS, ENTIRELY VOLUNTARY PROGRAM MUST BE .DEVELOPED. FOR EXAMPLE, AN ALLEGED VIOLA 'PROCEDURES, OR ESTABLISHMENT OF FIRM TRIAL DATES, DURING ITS ENTIRE 3·YEAR HISTORY. ABOUT HALF OF THE TION OF CONSTITUTIONAL RIGHTS SHOULD .BE HANDLED 60. EVALUATION OF COURT-ANNEXED ARBITRATION IN THREE ONE OR MORE OF THESE STRATEGIES WERE ADOPTED BY CASES. ARRIVED AT ARBITRATION. VOLUNTARILY, EITHER BY THROU(3H FORMAL, USUALLY JUDICIAL PROCEDURES, BUT A FEDERAL DISTRiCT COURTS, By E. A. LIND and J. E. SHA· 47 51-ATES. WITH COURT RESOURCES MANA(3EMENT BEING PLAINTIFF'S ELECTION OR BY STIPULATION OF BOTH PAR· DISPUTE ABOUT PERSONAL PROBLEMS; WHICH CANNOT BE PARD. Feeleral Judicial Center, 1520 H Street, NW, 27 Roy THE MOST POPULAR STRATEGY, SOME OF THE SPECIFIC TIES. THE COURTS HAVE HAD LITTLE TROUBLE IN .RECRUIT ENDED BY COURT' AWARD TO ONE OF THE PARTIES FOR Street, Washington DC 110005.142 p. 1981. NCJ·79277 PROCEDURES TO STRETCH RESOURCES WERE USE OF INGAN ADEQUATE SUPPLY OF' ARBITRATORS. FEW OF THE ," BREACH OF CONTRACT, SHOULD BE HEARD IN ANOTHER THIS IS AN EVALUATION REPORT OF EXPERIMENTAL LOCAL COMPUTERIZED INFORMATION SYSTEMS FOR MONITORING CASES ARE LIKELY TO BE PURSUED. TO TRIAL. EVEN THE KIND OF FORUM WHICH CAN PROVIDE FINAL RESOLUTIONS RULES PROVIDING FOR MANDATORY, NONBINDING ARBI· THE PROGRESS OF CASES, CLASSIFICATION OF. CASES FOR SIZEABl,E NUMBER OF CASES DIVERTED TO ARBITRATION, AND BINDING .DECISIONS. THE COST OF ALLOCATION OF TRATION OF CERTAIN CLASSES OF CiVIL ACTIONS IN ASSIGNMENT TO SPECIAL EXPEDITING TRACKS, AND ESTAB· HOWEVEh, WILL ONLY MILDLY RELIEVE CONGESTION IN SU DISPUTES IN RELATION TO DERIVED BENEFIT SHOULD ALSO EFFECT SINGE EARLY 1978 IN THE FE:DERAL DISTRICT LISHMENTOF GOALS AND TIME GUIDELINES. TWENTY·NINE PERIOR COURTS, AND THE POTENTIAL EFFECT OF THE PRO .BE CONSIDERED. THE NEXT STEP IN THE REFORM SHOULD COURTS OF THE EASTERN DISTRICT OF PENNSYLVANIA, STATES AND 40J.OCAL COURTS ADOPTED SOME KIND OF GRAM ON COURT COSTS IS HIGHLY UNCERTAIN. ARBITRA· INVOLVE DECISIONS AS TO THE RANGE AND TYPES OF THE DiSTRICT OF CONNECTICUT, AND THE NORTHERN DIS· EXPEDITING PROCEDURE, SUCH AS USING MAIL AND TELE· TION DOES SPEED ADJUDICATION, ANDEV.IDENCE SUG· FORMS .AND THE PROCEDURES FOR CHANNELING DIS· TRICT OF QALIF"ORNIA. ALTHOUGH THE THREI;LOCAL PHONE CONFERENCING TO EXPEDITE MOTIONS PROCESS· GESTS THAT ATTORNEYS AND LITIGANTS BELIEVE THE AR· PUTES. THEY SHOULD INCLUDE CHANNELING CASES FROM RULES .DIFFER IN VARIOUS RESPECTS, THEY TYPICALLY ING AND LIMITING THE NUMBER OF INTERROGATORIES BITRATION PROCESS IS FAIR. TABULAR AND GRAPHIC DATA FEDERAL TO STATE COURTS (WHICH ARE CHEAPER) AND PROVIDE FOR MANDATORY ARBITRATION BEFORE A PANEL THAT A PARTY CAN REQUEST, AND 43 OF THE COURTS RE· ARE PROVIDED. APPENDED ARE A CHRONOLOGY OF IMPOR·

24 25 ------~------. ------.... ,- ".

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JUDICIAL SYSTEM TECHNIQUES AND APPLICATIONS 1978 - 1982 JUDICIAL SYSTEM

C TANT EVENTS PRECEDING CONSIDERATiON OF MANDATORY THIS STUDY ANALYZES CHARACTERiSTiCS OF AND COURT AND WEEKEND SESSIONS; OFFERING MEDIATiON AND ARBI 67. ARBITRATION ALTERNATIVE-A COMPARATIVE ANALYSIS ARBITRATION, A CHRONOLOGY OF lEGISLATIVE EVENTS, RESPONSES TO' NONSTRANGER ViOLENCE CASES IN FOUR TRATiON IN SUCCESSION; AND MAKING All AWARDS AND OF CASE PROCESSING TIME, DISPOSITION MODE, AND THE KERRY MEMORANDUM ON SB 1362, AND THE JUDICIAL DiVERSE,SiTES: THE LOWER CRIMINAL COURTS OF CHAR SETTLEMENTS ORDERS OF THE COURT. THE REPORT DE COST IN THE AMERICAN ARBITRATION ASSOCIATION AND A.fiBITRATION STATUTE. lOTTE, N.C., lOS ANGELES, AND MINNEAPOLIS, AND THE SCRiBES PROGRAM DEVELOPMENT, STAFF, BUDGET, OPER THE COURTS. By~. M. KRITZER and A. K. ANDERSON. Availability: Rand Corporation, 1700 Main Street, Sfln'''··Monlca, UPPER COURT OF BROOKLYN, N.Y. ViCTIM AND DEFENDANT ATIONS, AND CASE lOAD FOR EACH OF THE SiX PROGRAMS JUSTICE SYSTEM JOURNAL, V 8, N 1 (SPRING 1983), DiS- CA 90406; National Institute of Justice National Crimimii J'ustice PERCEPTIONS OF AND SATiSFACTION WiTH MEDIATION STUDIED. SURVEY iNSTRUMENT, MODEL LEGiSLATiON, AND CUSSiON 6-19. NCJ-91132 Reference Service Microfiche Program. PROGRAMS IN THREE OF THE CITIES ARE COMPARED WiTH PROGRAM FORMS ARE APPENDED; CHAPTER NOTES, DATA ALTERNATIVES TO TRADiTIONAL LITIGATION HAVE BEEN SIMILAR INDICATORS FROM COURT PARTICIPANTS. A SIG TABLES, AND FiGURES ARE PROVIDED. POPULAR TOPiCS FOR DiSCUSSION AND DEBATE IN RECENT 63. ANALYSIS OF JUDICIAL REFORM. P. L. DUBOIS, Ed. 220 NIFICANT NUMBER OF OFFENDERS IN NONSTRANGER Supplemental Notes: ISSUES AND PRACTICES SERiES. YEARS, THOUGH EXiSTING ALTERNATIVES HAVE SELDOM p. 1982. NCJ-83815 CASES WERE REARRESTED FOR OTHER CRIMES; MAJOR Sponsoring Agency: us Department of Justice National institute BEEN THE SUBJECT OF EMPIRICAL ENQUIRY. THIS NOTE THE TEXT'S 14 ARTICLES CONCENTRATE ON THE NORMA CHANGES IN COURT PRACTiCES MAY BE REQUIRED TO of Justice, 633 Indiana Avenue NW, Washington, DC 20531. TIVE, METHODOLOGICAL, AND EMPIRICAL ISSUES SUR COMPARES ONE PARTICULAR ALTERNATIVE, ARBITRATION REDUCE THE CONSEQUENCES FOR VICTiMS. IN BROOKLYN, Availability: National Institute of Justice National Criminal Justice THROUGH THE AMERICAN ARBITRATION ASSOCIATiON (AAA) ROUNDING POLICIES AIMED AT IMPROVING COURT STRUC Reference Service Publication Sales, Box 6000 Department F, THE ONLY SITE WHERE LATER ARREST RECORDS WERE TO CIVil LITIGATION IN STATE AND FEDERAL COURTS. THE TURE, STAFFING, AND OPERATION. IT ADDRESSES CONTEM Rockville, MD 20850; National Institute of Justice National COMPilED FOR DEFENDANTS IN NONSTRANGER VIOLENCE PORARY REFORM ISSUES (MEDIATION AND ARBITRATION, Criminal Justice Reference Service Microfiche Program; Nation ANALYSiS SHOWS (1) THAT AAA CASES ARE GENE;:JAlLY CASES, THE REARREST RATE WAS LOW FOR CRiMES COM JUDICIAL SELECTION AND DISCIPLINE, ETC.) RATHER THAN al Institute of Justice National Criminal Justice Reference Service PROCESSED MORE QUICKLY THAN COURT CASES, (2) THAT MITTED AGAINST THE ORIGINAL DISPUTANT, BUT 32 PER THE DAilY CONCERNS OF COURT OPERATIONS. AN EXAMI Paper Reproduction Sales, Box 6000 Department F, Rockville, MD AAA CASES ARE MORE LIKELY TO BE 'DECIDED' (RATHER 20850. NATION OF OPPOSING TRENDS IN THE JUDICIAL SYSTEM (IN CENT OF THE DEFENDANTS WERE REARRESTED AT lEAST THAN 'SETTLED'), AND (3) THAT AAA PROCESSING is NOT CREASING BOTH LITIGATION AND NONADVERSARIAl RESO ONCE, HALF FOR VIOLENT CRIMES. THiS SUGGESTS THAT NECESSARilY lESS COSTLY THAN COURT PROCESSING. 66. DISPUTE MEDIA11'ON-EVALUATING THE COURT·SPON LUTION OF DISPUTES) SUGGESTS THAT THE JUDICIAL SYS SOME DEFENDANTS DEVELOP PATIERNS OF ViOLENT BE (AUTHOR ABSTRACl1 HAVIOR VENTED BOTH WITHIN THE HOME AMONG FAMilY SORED MODEL (FROM PRETRIAL SERVICES ANNUAL JOUR TEM'S lEGITIMACY MAY BE UNDERMINED TO THE EXTENT NAL, VOLUME 5, P 116-133, 1982, ELIZABETH GAVNES, ED. Availability: National Institute of Justice National Criminal Justice AND FRIENDS AND OUTSIDE THE HOME AMONG STRANG THAT JUSTICE AND DUE PROCESS SEEM TO REQUIRE AD SEE NCJ-89690). By P.J. WEBER, P.G. LAEMMLE, R. WEIS, and Reference Service Microfiche Program; National Institute of Jus VERSARIAl PROCEEDINGS. ONE ARTICLE DEFENDS THE CA ERS. PREVIOUS CALLS TO pOLICE WERE THE BEST PREDIC J. KEMPF. 18 p. 1982. NCJ-89697 tice National Criminal Justice Reference Service Paper Reproduc PACITY OF THE JUDICIAL PROCESS TO MEET SOCIETY'S TOR OF CONTiNUING PROBLEMS; FOR THESE 'HIGH RISK' tion Sales, Box 6000 Department F. Rockville, MD 20850. NEEDS, BASED ON THE COURTS' FLEXIBILITY IN NEGOTIA CASES, A MORE'SUSTAiNED FORM OF INTERVENTION MAY THE JEFFERSON COUNTY DISPUTE MEDiATiON PROGRAM BE NEEDED THAN IS NORMAllY RECEIVED THROUGH (KENTUCKY), AN EXPERIMENTAL PROJECT TO PROVIDE AN TION AND SETTLEMENT AND THEIR ROLE IN ADDRESSING 68. EVALUATION OFTHE PILOT PROJECT ON COURT·REFERRED POLICY ISSUES THAT lEGISLATIVE AND ADMINISTRATIVE IN EITHER MEDIATION OR COURT REFERRAL A SIGNIFICANT ALTERNATIVE TO THE FORMAL WARRANT PROCESS IN THE MEDIATION. US Department of Justice Community Reiations Ser STITUTIONS HAVE BEEN UNWilLING OR UNABLE TO RE MINORITY OF VICTiMS WAS' DiSSATiSFIED WITH LEGAL OFFI RESOLUTiON OF INTERPERSONAL DISPUTES, IS EFFECTiVE . vice, Headquarters, Room 640, 550 11th Street, Washington, DC SOLVE. ANOTHER ARTICLE REFUTES CRITICISMS THAT HAVE CIALS AND COURT PROCESSING. SATiSFACTiON lEVELS OF AND EFFICIENT. THE TIME TAKEN TO PROCESS CASES 20530.61 p.1981. NCJ·92767 BEEN LEVELED AT JUDICIAL DECISIONMAKING AND EXAM VICTIMS PROCESSED BY THE COURT WERE SIMILAR TO RANGES FROM 7 TO 10 DAYS VERSUS 90 DAYS IN THE blS iN SEVEN CASES REFERRED BY FEDERAL DISTRICT COURT INES SEVERAL PROPOSALS TO IMPROVE THE COURTS' ABil THOSE PROCESSED iN MEDIATION. TOPICS FOR FURTHER TRICT COURT. THE COST FOR CASES DiVERTED FROM THE JUDGES FOR MEDIATION, THE COMMUNITY RELATIONS ITY TO DEAL WITH COMPLEX SOCIAL SCIENCE INFORMA RESEARCH ARE SUGGESTED; FOOTNOTES AND STlJDY FORMAL COURT SYSTEM is $13.41. THE PROGRAM'S MAIN SERVICE (CRS) SUCCESSFUllY NEGOTIATED FORMAL TION. NEW EVIDENCE SUGGESTS THAT ALTHOUGH MEDIA DATA ARE PROVIDED. APPENDIXES INCLUDE 20' REFER GOAL IS TO ASSIST THE OPERATiON OF THE DISTRICT AGREEMENTS. EXTENDiNG THE PROGRAM TO OTHER RE TION AND ARBITRATION ARE NOT AS EFFECTIVE AS ADVO ENCES, STUDY iNSTRUMENTS, AND SiTE COMPARISON COURT IN PROCESSING A LARGE NUMBER OF POTENTIAL GIONS Will PROVIDE THOSE REGIONS WITH A SUCCESSFUL CATES CLAIM, THEY"HAVE PROVED TO BE OF VALUE. RE DATA. CASES WHilE PROViDING MORE PERSONALIZED SERViCES TO THOSE PERSONS WISHING TO USE THE COURT. THUS, ALTERNATiVE TO LITiGATION. THIS PilOT PROGRAM SEARCH SUGGESTS HOW THOSE WHO SERVE ON JUDICIAL Sponsoring Agency: US Department of Justfce National Institute SOUGHT TO DISCOVER POTENTiAL BENEFITS OF EXTEND CONDUCT COMMISSIONS VIEW THE EFFECTIVENESS OF of Justice, 633 Indiana Avenue NW, Washington, DC 20S31. THE PROGRAM PROVIDES TWO DiSTINCT FUNCTIONS: (1) INTAKE; INTERVIEWING, AND SCREENING OF CITIZEN COM ING CRS BEYOND THE SEVEN STATES IN WHICH iT OPERAT THEIR· EFFORTS. OTHER ARTICLES REVIEW THE PROCESS Availability: National Institute of Justice National Criminal Justice PLAINTS AND (2) MEDIATION, AN ATTEMPT AT CONFLICT ED AT THE TiME OF THE STUDY. THE METHODOLOGY CON OF JUDICIAL IMPEACHMENT AND EVALUATE THE JUDICIAL Reference Service Microfiche Program. RESOLUTiON. CASES ARE CHANNELED iNTO MEDIATION SISTED OF SELECTiNG REPRESENTATIVE CASES, REFER CONDUCT AND DISABILITY ACT (1981), WHICH SETS DISCIPLI FROM INDiVIDUALS SELECTING MEDIATION AFTER DISCUS RING THEM TO CRS, AND EVALUATiNG THEIR RESULTS NARY SANCTIONS OTHER. THAN REMOVAL SOME OF THE 65. USE OF MEDIATION AND ARBITRATION IN SMALL CLAIMS SION WITH AN iNTAKE OFFICER, REFERRALS FROM INDIViD THROUGH USE OF A QUESTiONNAIRE GUiDELINE. THE KEY METHODOLOGICAL AND POLITICAL ISSUES ASSOCIATED DISPUTES. By W. DEJONG, G. A. GOOLKASIAN, aod D. UAL JUDGES, AND REFERRAL FROM THE BENCH iN THE SEVEN CASES INVOLVED RACIAL DISPUTES, SP.ECIFICAllY WITH EVALUATING JUDICIAL PERFORMANCE. (WHAT IS TO BE MCGILLIS. Abt ASSOCiates, Inc, 55 Wheeier Street, Cambridge, WARRANT COURT. FOR THE PROGRAM'S FIRST 30 MONTHS, OVER REPRESENTATiON ON A CITY COUNCil, PRiSON CON MEASURED, WHO IS TO CONDUCT THE EVALUATION, AND MA 02138. 182 p. 1983. NCJ-89106 THE STAFF AVERAGED 3.5 iNTERVIEWS EACH HOUR (THE DITIONS, AND THE PERSONNEL PRACTiCES OF POLICE DE HOW THE EVALUATIONS ARE TO BE USED) ARE CONSID BASED ON AN EXTENSIVE LITERATURE REVIEW AND ONSITE INTAKE DESK WAS OPEN 102 HOURS EACH WEEK). IF THE PARTMENTS. MEDIATION BY CRS WAS A SUCCESSFUL AL- ERED. TWO ARTICLES EXPLORE THE CONSEQUENCES (BOTH STUDY OF MEDIATION PROGRAMS IN MAINE, FLORiDA, ;; CASES LATER DIVERTED BY JUDGES ARE INCLUDED, 56 TERNATIVE TO LITIGATION, ACCELERATING THE RESOLU ANTICIPATED AND UNINTENDED) OF CHANGING COURT GEORGIA, AND CALIFORNIA AND OF TWO ARBITRATiON PERCENT OF ALL COMPLAINANTS WERE DIVERTED FROM ::::::::::' TION .oF THESE DISPUTES. THE SOCIAL BENEFITS OF IM i/ STRUCTURE AND JURISDICTION. A REVIEW OF RESEARCH PROGRAMS IN NEW YORK, THIS REPORT GIVES JUDGES, THE FORMAL SYSTEM. OF THE 15,578 CASES SCHEDULED PROVED RELATiONS BETWEEN PARTiES CANNOT BE QUAN DISCUSSES THE IMPACT OF A STATE INTERMEDIATE COURT COURT ADMINISTRATORS, AND OTHER JUSTICE POLICYMAK FOR HEARINGS DURING THIS 30-MONTH PERIOD, 53 PER TIFIED, BUT EVEN WiTHOUT THiS CRITICAL BENEFIT ADDED OF APPEALS ON THE STATE SUPREME COURT'S WORKLOAD ERS PRACTICAL INFORMATION AND RECOMMENDAJIONSON CENT (B,360) WERE ACTUAllY HELD. A TOTAL OF 74 PER iN, THE CRS MEDIATI.ONS WERE COST-EFFECTiVE TO ALL AND POLICYMAKING. OTHER ARTICLES FOCUS ON THE DEVELOPING SUCH PROGRAMS. MEDIATION AND ARBITRA CENT OF THESE WERE RESOLVED TO THE SATISFACTION PARTIES. APPENDIXES PRESENT SUMMARIES OF THE COURTS' INTERNAL MANAGEMENT AND ORGANIZATION; THE TION ARE BEING EXPLORED AS AN ALTERNATIVE TO REGU OF BOTH PARTiES. STUDY DATA, DIAGRAMS, AND FOOT- CASES, A SAMPLING OF PRESS REACTIONS TO CRS IN COMPLEXITY OF COURT ADMINISTRATION; ALTERNATIVE ~AR TRIAL TO REVITALIZE OVERBURDENED AND INCREAS NOTES ARE INCLUDED. . MODELS FOR THE ORGANIZATION OF STATE COURT Sys INGLY IMPERSONAL SMAll CLAIMS COURTS. RESEARCHERS VOLVEMENT, MEDiATORS'REPORTS, AND A DiSCUSSION OF Supplemental Not.. : AVAILABLE ON MICROFICHE AS THE METHODOLOGY. TEMS; AND COURTS AS DISCRETE ORGANIZATIONS, AS AP- " FOUND THAT, WHEN PROPERLY IMPLEMENTED, MEDIATION NGJ-89690. pLIED TO FEDERAL COURTS OF APPEAL IN GENERAL AND ,AND ARBITRATION PROGRAMS CAN INCREASE CASE PROC Availability: National Institute of Justice National Criminal Justice Availability: National Institute of Justice National Criminal Justice \ TO THE CIRCUIT COURT OF APPEALS FOR THE DISTRICT OF ESSING EFFICIENCY, REDUCE COURT COSTS, AND IMPROVE Reference &!rvlce Microfiche Program; National Institute of Jus Reference Service Microfiche Program; National Institute of Jus COLUMBIA IN PARTICULAR. FIGURES, TABLES, AN INDEX, BOTH THE QUALITY OF JUSTICE AND THE COLLECTION OF tice Natiol')!ll Criminal Justice Reference ServIce Paper Reproduc tice National Criminal Justice Reference Service Paper Reproduc AND CHAPTER NOTES AND REFERENCES ARE SUPPLIED. JUDGMENTS. WHILE MOST JURISDICTIONS CAN ESTABLISH tion Sales,'Box 6000 Department F,flockvilie, MD 20850. tion Sales, Box 6000 Department F, Rockville, MD 20850. Supplemental ~, Note.: POLICY STUDIES ORGANIZATION MEDIATION ARBITRATION PROGRAMS WITHOUT NEW lEGIS SERIES; CONTAINS REVISED AND EXPANDED VERSIONS OF LATION, SUPPORT FROM THE JUDICIARY AND lOCAL BARIS PAPER PRESENTED AT A SYMPOSIUM ON JUDICIAL REFORM, CRUCIAL FOR SMAll CLAIMS . APPLICATIONS, PUBLISHED BY THE .POLICY STUDIES JOURNAL COURT-SPONSORED PROI3RAMS (AS OPPOSED TO INDE SponlOrlng Agency: US Department of Justice National Institute PENDENT EFFORTS) OFFER SEVERAL ADVAN'fAGES: lOWER of Justice, 633 Indiana Avenue NW, Washington, DC 20531. COSTS, GREATER CONVENIENCE TO LITIGANTS, OPPORTU AvailabilIty: D C Heath and Company, 125 Spring Street, lexing ton, MA 02173. NITY FOR JUDICIAL OVERSIGHT AND IMMEDIATE JUDICIAL " REVIEW OF SETTLEMENTS, AND INCREASED FUNDING STA· o 64. NON-STRANGER V!OLENCE;""THE CRIMINAL COURT'S RE· BILITYFOR THE PROGRAM. MAJOR STUDY RECOMMENDA SPONSE. By B. E. SMITH. Institute. for Social AnalYSis, TIONS INCLUDE USING ATTORNEYS As HEARING OFFICERS H739 Bowman Green Drive, Reston, VA 22090. 201 p. 1983. FOR ARBITRATION PROGRAMS, BUT SEEKING MEDIATORS . NCJ·85091 OF VARIED BACKGROUNDS; EXPERIMENTING WITH EVENING

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69. COMMUNITY ,ARBITRATION PROJECT-ANNE ARUNDEL PENDED. FOOTNOTES;' FLOW CHARTS, PHOTOGRAPHS, AND COUNTY, MARYLAND. By C. H. BLEW ~lOd R. ROSENBLUM. TAJ:!ULAR DATA ARE PROVIDED. "., Abt Associates/Inc, .55 Wheeler Street, Cambridge, MA 02138. 93 p, 1979. NCJ-61012 SUpplemental Notes: ANEXEMPLARV PRoJECT. Sponsoring Agency: US Department of Justice National Institute THE COMMUNITY ARBITRATION PROJECT (CAP) IN ANNE of Justice. 633 Indiana Avenue NW, Washington, DC 20531. ARUNDEL. COUNTY, MD., A VOLUNTARY DIVE'RSION PRO· GRAM FOR JUVENILES, IS DESCRIBED,' WITH EMPHASIS ON Availability: GPO Stock Order No. 027-000:.o0845~; NatiOnal " Institute of Justice National Criminal Ju!;tice Reference Service ITS IMPLEMENTATION, COSTS, OPERATIONS IN THE COMMU· Microfichll Program. NITY.AND RESULTS. CAP WAS ESTABLISHED TO REDUCE THE BURDEN ON THE COURTS CREATED BY UNMANAGE· 70. FOR TROUBl.ED. YOUTH-HELP, ·NOT JAIL. . By S. J. o . ABLE CASELOADS AND. TO ASSIGN JUVENILES TO TASKS SKURIS.' HAST/NGS LAW JOURNAL. V 31, N.2 (NOVEM· THAT PRdVIQE MEANINGFUL SERVICgS. <-ESSENTIAL ELg· BER 1979). P 5:39·56~. NCJ-69530 MENTS OF THE CAP INQLUDE PROMPT bASE PROCESSING THIS NOTE DESCRiBES ALTERNAT{VE METHODS ® DEALING (WITHIN 7 WORKING DAYS), A SETTING SUGGESTiVE OFA .~ WITH NONCRIMINAl. YOUTH AND CONCLUDES THAT STATES COURTROdMFOR THgARBITRATION HEARING,INVOLVE· SHOULD SUBSTITUTE VOLUNTARY SOCIAL SERVIOJ;S,AND MENT OF VICTIMS 'IN THE HEARING;' ASSURANCEPF' DUE MEDIATION FOR CURRENT COUR,TJURISDICTION. AN OVER PROCESS, USE OF COMMUNITY RESOURCES. TO PROVIDE A VIEW OF THE HISTORY AND PHILOSOPHY ·OF THE JUVENILE PoSITIVE WOAKEXPERIENCE, AND CONSTRUCTIVE DISPOSI· COURT SYSTEM PROVIDES A FOUNDATION FOR. DISCUSSION TION (I.E.; RESTITI.JTION, COUNSELlNG,AND SPECIALEDUCA· OF BOTH PROBLEMS ATTENDANT TO THE COURTS' JURIS:;' TIONPROGRAMS). OF THE 1,137 YOUTHS WHO WERE AS . DiCTION OVER THESE STATUS OFFENDERS AND THE TREND SIGNED THROUGH CAP TO COMMUNITY SERVICE OR AN TOWARD ELIMINATION OF THIS JURISDICTiON. THE WISDOM OTHER ALTERNATIVE IN THE PROJECrS FIRST2 YEARS OF OF PLACING NONCRIMINAL MINORS iN THE SAME POSTDE QPERATION,.85 PERCENT SUCCESSFULLY COMPLETED TENTION FACILITIES WITH MINdRS IN CUSTODY FOR CRIMI· THEIR ASSIGNMENTS WITHIN THE PRESCRIBED ·.90-DAY NAL OFFENSES' IS QUESTIONED. PARENTS MisUSE STATUS OFFENSE JURISDICTION TO DIVEST THEMSELVES.~OF AN UN· ~:,'" PERIOD. OF. MOST ,IMPORTANCE, . CAP CLIENTS DEMON· STRATEDSIGNiFICANTLYLOWER RATES OF REPEAT OF ,DESIRABLE OR MISBEHAVING CHILD. IN ,ADDITION, THERE FENSES THAN COMPARABLE YOUTH. WHO WERE PROC ~RE PRACTICAL PROBLEMS CAUS.EDIN COURT ADMINISTRA· ESSEP TRADITIONALLY. ACCORDING . TO A· COMPARISON TION WHEN~oVERCROWDED CALENDARS AND TIME PRES STUpY, OF THESE +Wo GROUPS COUNTY YOUTHS PROC SURES IMPEDE THE ADMINISTRATION OF SWIFTANP SURE f) JUSTICE FORSOTH CRIMINAL OFFENDERS .AND IMPROPER· ESSED .CAP IN 1975 HAD A 4.5 PERQENT LOWER RECIDI· ~Y LY REMANDED STATUS OFFENDERS. MORE'OVER,oSTATUS £, VISM RATE AND 37 PERCENT . FEWER REARRESTS PER OFFENSE .CASES PRESENT ISSUES THAT ARE pgCUUARLY CLIENT WITHIN 1 YEAR AFTER INTAI

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1978 - 1982 JUVENILE JUVENILE TECHNIQUES AND APPLICATIONS

RESOLUTIONS FOR JUVENILES TO AVOID TRADITIONAL 75. RESTITUTION PROGRAMS IN JUVENILE AND FAMILY COURT. OVER THE CHILD BY USING ITS DEPENDENCY JURISDICTION. HABILITATING DELINQUENTS AND THEN CONSIDERS EDUCA· COURT PROCESSING. TWO FORMS OF DISPUTE RESOLU· National College of Juvenile Justice, POBox 8978, University of EXtENSIVE FOOTNOTES ARE INCLUDED. TIONAl PROGRAMS DIRECTED AT CHANGING STUDENTS' TION HAVE EVOLVED FOR JUVENILES: (1) PROGRAMS THAT Nevada, Reno, NV 89507. 1982. NCJ-9140:! BEHAVIOR BY ALTERING THEIR ATIITUDES, SKILLS, OR EMO· ARE DESIGNED EXCLUSIVELY FOR JUVENILES AND (2) PRO· TAPES OF THE GENERAL SESSIONS AND WORKSHOPS OF A 71. GANG VIOLENCE REDUCTION PROJECT'-4TH EVALUATION TIONAL ADJUSTMENT. EXAMPLES OF THIS METHOD INCLUDE GRAMS THAT ARE DESIGNED MAINLY TO HANDLE A LARGE CONFERENCE ON JUVENILE RESTITUTION FOCUS ON SUCH RIE~ORT,JULY 1979-JUNE 1980. By D. M. TORRES. Cali· REMEDIAL EDUCATION, WORK ASSIGNMENTS, BEHAVIOR fomla Department of the Youth Authority, Division of Research VARIETY OF ADUL.T CIVIL AND CRIMINAL COMPLAINTS, BUT ISSUES AS THE BENEFITS OF MONETARY AND COMMUNITY CONTRACTS, IN·SCHooL SUSPENSION, EXTENDED DAY PRO· 4241 Williamsbourgh Drive, Suite 216, Sacramento, CA 95823: THAT HEAR SOME JUVENILE CASES AS WELL THE FIVE CAT SERVICE RESTITUTION PROGRAMS FOR JUVENILES, INITIAT 62 p. 1981. NCJ-76123 GRAMS, AND TUTORIALS. RESTITUTION AND YOUTH SERVo EGORIES OF PROGRAMS INCLUDE NEIGHBORHOOD JUSTICE ING STATEWIDE RESTITUTION PROGRAMS, VARIOUS STRUC A PROGRAM I.f.-EXAMINED THAT HIRED YOUTH GANG CON· ICE BUREAUS ARE EXAMINED, AS ARE THE PROBLEMS CENTERS, WHICH HANDLE BOTH ADULT AND JUVENILE TURES FOR RESTITUTION PROGRAMS, OBTAINING COMMU· FACING JUVENILE JUSTICE AGENCIES IN' RURAL AREAS. SULTANTSFROM LOS ANGELES BARRIOS TO SERVE AS CASES, ARBITRATION PROGRAMS EXCLUSIVELY FOR JUVE· NITY SUPPORT, FlESTITUTION EVALUATION FINDINGS AND YOUTH ADVOCACY IS ALSO DEFINED, AND SUGGESTIONS REPRESENTATIVES FOR NEGOTIATING BETWEEN·GANG IN· NILES, COMMUNITY PANELS USING MEDIATION AS A TECH· EVALUATION TECHNIQUES, AND LEGAL ISSUES INVOLVED IN FOR SUCCESSFUL ADVOCACY ARE OFFERED. CIDENTS AND FEUD MEDIATION AND FOR PLANNING RECRE· NIQUE IN JUVENILE CASES, CONFERENCE COMMITIEES AND THE USE OF RESTITUTION PROGRAMS. IN ADVOCATING ATION ACTIVITIES. THE PROJECT HAD TWO MAJOR OBJEC Sponsoring Agency: US Department of Justice Office of Juvenile COMMUNITY ACCOUNTABILITY BOARDS, AND PEER COURTS. RESTITUTION ASA SANCTION FOR JUVENILE OFFENDERS, TIVES FOR THE PERIOD UNDER EVALUATION (JULY 1, Justice and Delinquency Prevention, 633 Indiana Avenue, NW, THES~ PROGRAMS APPEAR TO HAVE BEEN INFLUENCED BY EMPHASIS IS GIVEN TO THE DEMONSTRATION.oF ACCOUNT· Washington, DC 20531. 1979.JUNE 30, 1980). IT WAS TO MAINTAIN A REDUC.ED THE \fANDINAVIAN CHILD WELFARE BOARDS, THE DIVER· ABILITY FOR HARMFUL BEHAVIOR COMMITIED AS WELL AS LEVEL OF GANG·RELATED HOMICIDES (FOUR OR FEWER Availability: National Institute of Justice National Criminal Justice SION, ROGRAMS DEVELOPED DURING THE 1960'S, THE THE POSITIVE CONTRIBUTIONS MADE TO VICTIMS AND THE AMONG THE SEVEN GAN"!S INVOLVED), AND IT WAS TO R.eference Service Microfiche Program. CHILDREN'S HEARING SYSTEM, WHICH BEGAN IN SCOTLAND COMMUNI.TY. THE VARIOUS FORMS OF RESTITUTION PRO· MAINTAIN A REDUCED LEVEI..-Q!" GANG.RELATED VIOLENT IN 1968, THE NONJUDICIAL MINOR DISPUTE CENTERS THAT GRAMS DESCRIBED INCLUDE THOSE ADMINISTERED BY A INCIDENTS (NOT 10 EXCEED 36 AMONG THE PARTiCIPANT 73. t~ATIOtJAl CCt,tFERENCE ON JUVEt,tU.E ,JUSTICE-8TH. GREW RAPIDLY IN THE 1970'S, AND THE RECENT FEDERAL STATE AGENCY ST,II,TEWIDE, THOSE ADMINISTERED BY A Teach 'Em Inc., 160 East illinois St, Chicago, IL 60611; Nation· GANGS). DURING THIS TIME PERlbD,1 HOMICIDE AND 22 INITIATIVE TO DEINSTITUTIONALIZE STATUS OFFENDERS. PRIVATE COMMUNITY·BASED ORGANIZATION, AND THOSE al District Attorneys Association, 708 North Pendleton Street, Alex· VIOLENT INCIDENTS OCCURRED. ALTHOUGH THE PROJECT DEVELOPED AND OPERATED BY COUNTY JUVENILE COURTS. andria, VA 22314; National Council of Juvenile and Family.Court CASE EXAMPLES AND PROGRAM DESCRIPTIONS ILLUS· WAS EFFECTIVE IN REDUCING INTERGANG RIVALRIES, IT Judges, BOl( 8978, University of Nevada, Reno, NV 139507c TRATE PROGRAM CHARACTERISTICS SUCH AS LOCATION, WORKSHOPS COVER SUCH TOPICS AS THE DEVELOPMENT HAD NO EFFECT ON HOMICIDE OR VIOLENT CRIME INCl· 1981. .NCJ·76585 SPONSORING AGENCIES, BUDGETS, FUNDING SOURCES, OF REALISTIC PROGRAM PURPOSES AND OBJECTIVES, OB· DENCE WITH PROJECT GANG MEMBERS AS. SUSPECTS AND if TAINING COMMUNITY SUPPORT FOR RESTITUTION PRO· PARTICIPANTS' PRESENTATIONS AT THE EIGHTH NATIONAL TECHNIQUES USED, TYPES OF CASES HEARD, CASE REFER· NONPROJECT GANG MEMBERS AS VICTIMS. THE INCIDENCE GRAMS, AND ,!'HE ADVANTAGES AND DISADVANTAGES OF CONFERENCE ON JUVENILE JUSTICE (198t) ARF:'COLLECTED RAL SOURCES, AND TYPES OF AGREEMENTS REACHED. OF HOMICIDES WITH PROJECT GANG MEMBERS AS SUS· PREADJUDICATION (DIVERSION), POSTADJUDICATION AND ON AUDIOTAPE CASSETTES. DiSCUSSIONS INCLUDED THOSE MAJOR ISSUES FACING THESE PROGRAMS INCLUDE THEIR PECTSAND NONGANG MEMBERS AS VICTIMS DECLINED POSTINCARCERATION RES:\/."l;UTION PROGRAMS. A" GENER . FOCUSING ON THE JUVENILf: JUSTICE AMENDMENTS OF COSTS, SOURCES OF FINANCIAL SUPPORTS, THE POTENTIAL AFTER THE PROJECT BEGAN, BUT ROSE SHARPLY DURING AL SESSION PRESENTATION CONSIDERS THE VARIOUS 1980 AND FUTURE TRENDS IN JUVENILE JUSTICE, THE DE· EXISTENCE ()F COERCION, DUE PROCESS CONCERNS, THE THE YEAR BEING EVALUATED. THE PROJECT HAD NO FORMS OF RESTITUTION (MONETARY AND COMMUNITY LINQUENCY PREVENTION THROUGH YOUTH SERVICES PRO· ROLE· OF CONFIDENTIALITY, THE INEQUALITY OF THE PAR· EFFECT ON VIOLENT INTERACTIONS BETWEEN GANG MEM· SERVICE) AND HOW THEY MIGHT BE COMBINED. OTHER GRAM AND THE EFFECTIVENESS OF THE JUVENILE COURT TIES.. AND THE INCLUSION OF CASES THAT WOULD NOT BERS AND NON GANG Mi:MBERS, 'INCRE~SESIN HOMICIDES WORKSHOPS FOCUS ON PROCEDURES FOR DEVELOPING IN DELINQUENCY PREVENTION, A PROGRAMFOFl HELPING HAVE REACHED THE COURTS. THE QUESTION OFWHETHER WERE AHRIBUTED TO RIVALRIES BETWEEN PROJECT AND COMMUNITY SERVICE PROGRAMS, DEVELOPING JOB PLACE \J - I LEARNING DiSABLED DELINCLIENTS AND ANOTHER FOR RE THESE COMMUNITY DISPUTE SETTLEMENT PROGRAMS PRO· i~ NONPROJECT GANGS IN WHICH NONGANG MEMBERS MENTS FOR YOUTH PARTICIPATING IN FIN,II,NCIAL RESTITU· r· DUCING CRIMI: IN SCHOOLS, AND RECENT NATIONAL ADVI· VIDE AN EFFECTIVE ALTERNATIVE TO FORMAL ADJUDICA· fJ BECAME ACCIDENTAL VICTIMS, AND TO ARGUMENTS OR TION HAS NOT BEEN SATISFACTORILY ANSWERED. JUVE· TION, AND HOW TO DEVELOP .AN EVALUATION STRUCTURE jl , SORY COMMITIEE STANDARDS FOR INTERVENTION AND AD ,I DISAGREEMENTS BETWEEN GANG AND NONGANG MEM· FOR A RESTITUTION PROGRAM. CLOSING ,PRESENTATIONS JUDICATION. OTHER TALKS ADDRESS RESEARCH INTO THE NilE ARBITRATION AND MEDIATiON PROGRAMS DO SUC f< : BERS. TO HAVE IMPACT ON INCIDENTS OF THIS NATURE, CONSIDER THE DEVELOPMENT OF RESTITUTION PROGRAMS I EFFECTIVENESS OF THE JUVENILE JUSTICE SYSTEM, THE CEED IN DIVERTING JUVENILES FROM COURT AND IN PRO· 1 THE PROJECT WOULD HAVE TO EXPAND ITS WORK TO IN GREAT BRITAIN AS COMPARED WITH THEIR USE IN THE !. LOS ANGELES COUNTY .(CALIFORNIA) INTEiiCEPT PROGRAM VIDING CRIME. VICTIMS WITH GREATER SATISFACTION. ,. OTHER BARRIOS FEUDING WITH PROJECT GANGS. GRAPHS UNITED STATES AS WELL AS MAINTAINING RESTITUTION FOR COURT DIVERSIONS, STANDARDS FOR THE SECURE TABLES, 34"REFERENCES, AND APPENDIXES PRESENTING AND TABULAR DATA ARE INCLUDED. DESCRIPTIONS AND FORMS FROM FLORIDA PROGRAMS AS PROGRAMS IN THE 1980'S IN THE MIDST OF GOVERNMENT Sponsoring Agencies: Califomia Office of Criminal Justice Plan· DETENTION OF CHILDREN, AND RECENT DEVELOPMENTS IN .i) WELL AS RELATED MATERIALS ARE PROVIDED. BUDGET CUTBACKS. ning, 9719 Uncoln Village Drive, Sacramento, CA 95827; US THE AREA OF JUVENILE LAW. FURTHER PRESENTATIONS Supplemental Notel!: CONSISTS Of, 14 AUDIOCASSETTES. Department of ,Justice National Institute of Justice, 633 Indiana, .ARE CONCERNED WITH THE USE OF CONTRACTS !NJUVE· Sponsoring Agency: US Department";;'f Justice Office of Juvenile L CONFERENCE HELD" AUGUST 29-SEPTEMBER 1, 1982, LOU· j, Avenue NW,Wa<;hington; DC 20531. ,- NiLE PROBATION, PLEA BARGAINING IN JUVENILE COURT, A Justice and Delinquency Prevention, 633 Indiana Avenue, NW ISVILLE, KENTUCKY. I' STUDY OF INSTITUTIONAL COMMITMENT AND RELEASE Washington, DC 20531. . ' Availability: National. Council of Juvenile and Family Court 72. ALTERNATIVES TO JUVENILE JUSTICE FOR COUNTY GOV PRACTICES IN THE 50 STATES, AND THE ACTIVITIES OF SAN F Availability: National Inslitute of Justice National Cflminal Justice Judges, Box 8976, Unlvo!',$lty of Nevada, Reno, NV 89507. (Audio ,. ERNMENTS, VOLUME 1. By C. RICHARDSON. National As· FRANCISCO'S YOUTH LAW CENTER TOWARD THE DEINSTI· sociation of .counties Research, Inc, 1735 New York Avenue NW Reference Service Microfiche Program. Cassette) , C:,:-r ' TUTIONALIzATION OF sTATUS OFFENDERS AND THE RE· i Washington, DC 2C1QP6. 32 p. 198'0. NCJ-76557 MOVAL OF CHILDREN FROM ADULT JAILS. ADDITIONAL t PREPARED FOR COUNTY GOVj:RNMENTS, THIS GUIDE DE TOPICS CONSIDERED ARE TAE FAILURE.TO-THRIVE SYN· ~ SCRIBES COMMUNITY·BASED ALTERNATIVES TO INCARCER· DROME AND PSYCHOSOCIAL DWARFISM, MENTALLY RE· ATIONFOR JUVENILE OFFENDERS, INCLUDING VOLUNTEER TARDEDJUVENILE OFFENDERS, TRIAL TECHNIQUES IN JU· SERVICES,MEDIATION, GROUP HOMES, ALTERNATIVES EDU· i, VENILE COURT, AND JUVENILE ARBITRATION PROGRAMS. A CATION, AND RESTITUTION. FOLLOwiNG A SUMMARY OF AD· " TABLE OF CONTENTS IS INCLUDED. ~ VANTAGES OFFERED BY ALTERNATIVES TO FORMAL COURT ~l ' ADJUDICATION, THE BOOKLET DISCUSSES DECISIONS MADE Supplemental Notes: THIS IS THE EIGHTH NATIONAL CON· BY YOUTH WORKERS AT THE INTAKE PROCESS. OPTIONS FERENCE ON JUVENILE JUSTICE, GROUP II, IT CONSISTS OF FOUR CASSETTES WiTH A TOTAL RUNNING TIME OF 326 AVAILABLE TO THE INTAK,E QFFICER ARE OUTLINED, AND MINUTES. (RENTAL IS,IWAILABLE). INTERAGENCY COOPERATION IS EMPHASIZED AS ESSEN TIAL TO THE DEVELOPMENT OF ALTERNATIVE PROGRAMS. SpqnlOring Agencies: National Council of Juvenile and Family Cou~ Judges, Box 6978, University of Nevada, Reno, NV 89507; THE USE OF VOLUNTEERS IN COURT DIVERSION AND National District Attomeys Association, 708· North .pendleton SCHOOL DELINQUENCY PROGRAMS IS RECOMMENDED, AND Street, Alexandria, VA 22314.. . ,\:UNDING SOURC,eS FOR THIS APPROACH ARE DETAILED. Availability; National CoUncil of Juvenile and Family Court .' THE SECTION ON NONRE,SIDENTIAL PROGRAMS ADDRESSES Judges, Box 8978, University of Nf:lVada, Reno, NV 89507. (Audio INFORMAL PROBATIONQR TREATING JUVENILE CASES Cassotte) WITHOUT A FORMAl., PETITION, FAMILY CRISIS COUNSELING, AND MEDIATION ANDARaITRATION. THj: FOl,LOWING RESI· 74. STATE OF THE ART .SURVEY OF DISPUTE RESOLUTION PRO DENTIAL PROGRAMS ARE ALSO COVERED: WILDERNESS GRAMS INVOLV!NG JUVENILES. By E. W.VORENBERO. PROGRAMS, FOSTER CARE, AND GROUP HOMES, WHICH University of Chicago National Center for Assessment of Alterna. HAVE INCREASED IN RESPONSE TO DISSATISFACTION WITH tlves to Juvenile Justice Processing, 969 East. 60th Street Chica FOSTER HOME .PLACEMENTS. THE REVIEW OF COMMUNITY go, IL 60637. 72 p. 1981. ' Nc.J-82415 FACILITIE.S EMPHASIZES THE EFFECTlVENESS ·,OF VOCA· THIS REPORT EXAMINES THE HISTORY AND CURRENT 1:- . TIONAL COUNSELING IN PREVENTING MISCONPUCT .AND RE, STATe OF THE ART OF THE USE OF ALTERNATIVE DISPUTE

31 A 31)

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LABOR D

76. EXTENT AND NATURE .OF COLLECTlV.E BARGAINING OF SECT0R UNIONIZATION. REFERENCES .AND TABULAR DATA COORT EMPLOYEES IN THE STATES. .By J. H. WEX. Insti ARE flJ!OVIDED.,· Me for 'Court Management, 1624 Market Street, Suite 210, SUPplemenbii Notes: PRICE QUOTEQ IS FOR SINGLE ISSUE. Denver. CO 8020.2. JUSTICE SYSTEY JOURNAL, V 413 (~~RING 1979), P 274-286. ' NCJ·56958 Ayali~blllty: Institute forCour\ Management, 1624. Market Street, Suite 210, Denver, CO 80202; William S. Heln and Company, TO ASSESS THE EXTENT AND NATURE OF COLLECTIVE BAR Ino,1285 Main Street, Buffalo, NY 14209. GAINING BY COURT EMPLOYEES IN THE STATES. RE· SEARCHERS SURVEYED JUDGES, ADMINISTRATORS. AND 77. COLLECTIVE BARGAINING FOR. COURT PERSONNEL IN MAS LABOR OFFICIALS AND EXAMINED A NUMBER OF COURT EM· SACHUSETTS. .By J. S. BERG. Institute. .tm' Court Manage PLOYEE' UNION CONTRACTS. QUESTIONNAIRES WERE 'ment. 1624 Maiket Street. Suite 210. Denver, CO 80202. JUS TICE SYSTEM JOURNAL; V. 43 (SPRING 1979), P 295-303. """"''''''''M.~it,ED ,TO THE COMBINED MEMBERSHIP OF THE TWO NCJ·56960 ,~' I MAJOR NAtiONAL ORGANIZATIONS OF COURT ADMINISTRA J.. I TORS, THE CONFERENCE OF' STATEOOU?.J:, ADMINISTRA ALTHOIJGH MAIWFEARSHAVE ACCOMPANIED MA.SSACHU I j SEn'S FIRST COLLECTIVE BARGAINING EFFORTS FOR TORS, AND THE NATIONAL TRIAL. COURT .ADMINISTRATORS. ','1 . ,/ COURT PERSONNEL. THE PROCESS WILL FORCE THE; IN ADDITION, INFORMATION WAS GATI·jEAED THROUGH 11'1- l . /'.i COURTS TO D.EVELOP A SOUND MANAGEMENT STRUCTURE .:,' /1 / DEPTH INTERVIEWS IN SEVEN STATES. THESTUDLRE. IJ ;;:'1 AND ADDRESS ADMINISTRATIVE. PROBLEMS. EFFECTIVE " I, . 1 VEALED THAT COURT EMPLOYEES IN 17 STATES ARE':CUR. \'J} w' c J JUNE 13,1977. ,JUDICIAL EMPLOYEES ATALLLEVELSWERE . / flENTLYORGANIZED FOR COLLECTIVE .l3ARGAINING. HoW GRANTED THE RIGHT TO BARGAIN COLLE;CTIVELY WITH ;, j EVEFI/rHERE IS WIDE DISPARITY IN THE EXTENT OF UNION THEIR EMPLOYER, DEFINED BY STATUTE AS THE CHIEF JUS IZATION; WITH . THE FIGURES SHOWIN(~100 PERCENT TICE OF THE SUPREME JUDICIAL COURT. THIS LAW. AN AMON.G EMPLOYEES IN HAWAII ,Bur ONLY A VERY SMALL AMENDMENT TO CHAPTER 150E OF THE GENERAL LAWS OF PERCENT OF COURT ,EMPLOYEES IN' NEVADA, THERE IS A MASSACHUSmS, HAS BROUGHT INTO F5\.ZUS A NUMBER oj'.>/' (J vA,fifED PATIERN AMONG COUNlYCOURT .SYSTE;Ms. 'THE OF !SASIC PROBLEMS-PERSONNE( RULES,J)COURT FUND~ ./ ~XJ:ENT OF THE GENERAL LABOR FORCE OF AJ?TATE THAT lNG, AND THE ORGANiZATIONALSTRUC~gBl: OF THE JUDi )3ElON~S TO A UNION 'IS AN IMPQRTANTINDldATOR Of. AN CIARY. BEFORE THE 1977 AMENDMENT, EMPLOYEES IN THE . ,ENViflONMENTTHAT IS CONDUCIVE TO UNIONIZATIGN.AN COURTS WERE ALMOST UNIVERSALLY· VIEWED AS'COUNTY ;II lI / INDEX OF UNIONIZATION, CREATED BY COMBINING THE EMPLOYEES AND WERE UNIONIZED ALONG WITH" OTHER Ii EMPLOYEES OF THE COUNTIES. AS EARLY AS 1969. TAE j '" ./.," 'J WPETHRCENTAGE; OF PRIVATE SECTOR EMPLOYEES UNIONIZED ,. ,j) . . I PERCENTAGE OF STATE AND LOCAL EMPLOYEES MASSACHUSETTS' PROBATION ASSOCIATION HAD PETI· fI fi - '/ 'UNIONIZED,'S!iOWS NEW YORK STATe AT THE TOP, WITH A TIONED TO BARGAIN AS A STATE UNIT AND WAS SO RECOG. NIZED, NO CONTRACT WAS WRITIEN, HOWEVER, BECAUSE OF 121 AND MISSISsiPPI AT. THf BOTIOM WITH A 1,1" '-7""""" "~SGOt:lE THE COMMITIEE ON PROBATION DID NOT CONSIDER ITSELF ScORE cf3a. ANOTHER INDICATOR, i'u'RBANIZATION, DID AN EMPLOYER AND THE. CONTRACT PROCEEDINGS ENDED f· APPEAR TO INFLUENCE THE .EXTENT Of-?UNioNIZATION (IN UP IN LITIGATION. THIS DISPUTE WAS ONE OF THE FACTORS 'II NEW. YORK, HAWAII, MICHIGAN, ANO NEW JERSEY, WHERE LEADING TO THE PASSAGE OF THE CHAPTER 150E AMEND UNIONIZA1l0N IS HEAVIEST, 82,8 PI:RCENT OF THE. POPULA· MENt. THIS AMENDMENT REPRESENTS A UNIFIED STATE· /ci TlON LIVES IN URBAN AREAS), MANY DIFFERENT JOB CATE· G ,r WIDE APPROACH .0 MATTERS. THAT' HAD BEEN CONSID ~ // GORIESARI: INCLUDeD IN COURT BARGAINING UNITS,AND ERED LOCAL AND LARGELY BEYOND THI: AUTHORITY OFJU '/1, CONTRAOTS USU~LLYCONTAIN PROVISIONS COVERING DICIAL LEADERSHIP. ALREADY PERSONNEL POLICIES ARE I SECOND OR pART.TIMI'lJOBS, COURT HOURS, SENIORITY, BEGINNING TO BE SPELLED OUT AND .LiNES QF AUTHORITY II I . AND PAODUCT!VITY~IT ISCONCL\JDEDTHAT UNIONIZATION ARE BEING ESTABLISHED, FUNDING OF.COURTS HAS ') 1 OF. COURT EMPLOYEES ISA RESULT OF THE GENERAL ALWAYS TAKEN A BACK SEAT TO THE OTHER BRANCHES OF I! GROWTH IN UNIONIZATION IN THE PUBLIC SECTOR AND CAN GOVi:RNMENT. iT IS FELT THAT UNIONIZATION WILL DRAW ,," ;/ Be: uNI:/ERSTOOD IN·'rHE.SAME TERMS. AS OTHER PUBLIO ATTENTION TO cOURT NEEDS; BETTER MANAGEMENT WILL

33 I l.! J. /f Preceding page blank {/

LASOR TECHNIQUES AND APPLICATIONS 1978 - 1982 LABOR

HOPEFULLY RESULT FROM RESOLUTION OF THESE BASIC DOES DEMONSTRATE THE ADVANTAGES OF GIVING PAR ISSUES. NOTES AND REFERENCES ARE, APPENDED. TIES GREATER CONTROL OVER THE LAW TO BE APPLIED IN 81. CONRAIL'S ATTEMPTS TO CONTROL LABOR COSTS AND 1M. UNION AND MANAGEMENT IN THE POLICE-LABOR RELA- PROVE ITS LABOR PRODUCTIVITY. US Comptroller General A CERTAIN TYPE OF DISPUTE. ARBITRATION IS NOT NECES· :' TIONS PROCESS, AND THE IMPACT OF DECISIONS REACHED 441 G Street NW, Washington, DC 20548. 49 p. 1980. ' 78. COLLECTIVE BARGAINING IN THE JUDICIAL BRANCH-CUR- SARILY INFORMAL OR INEXPENSIVE. PROCEDURES MAY NCJ-70092 UNDER THE BARGAINING PROCESS ON POLICE MANAGE· RENT LEGAL DEVELOPMENTS. By D. WEINSTEIN. Insti-' VARY AND, EVEN WHEN HIGHLY FORMAL, THEY SERVE TO tute for Court Management, 1624 Market Street, Suite 210, THE REPORT EXAMINES CONRAIL'S EFFORT TO GAIN MENT. FURTHER PRESENTATIONS EXAMINE THE MUNICIPAL LEGITIMIZE THE ADMINISTRATION OF UNIONS. A REALISTIC Denver, CO 80202. JUSnCE SYSTEM JOURNAL, V 4 3 BETTER CONTROL OF ITS HIGH LABOR COSTS THROUGH ITY'S VIEW OF POLICE BARGAINING, RIGHTS ARBITRATION, (SPRING 1979), P 314-336. NCJ-56962 UNDERSTANDING OF LABOR ARBITRATION IS IMPORTANT AGREEMENTS WITH LABOR UNIONS WHICH ALTER OUT POLICE ASSOCIATIONS' GOALS, EMPLOYER-EMPLOYEE RE THE DOCTRINES OF THE SEPARATION OF POWER AND THE BECAUSE IT REMINDS PEOPLE THAT SYSTEMS OF DISPUTE MODED OR RESTRICTIVE WORK RULES. IN ORDER TO LATIONSHIPS, AND COMMUNICATIONS. SYMPOSIUM PARTICI INHERENT POWER OF THE COURTS ARE DISCUSSED IN RE RESOLUTION PLAY ONLY A LIMITED ROLE IN AFFECTINGRE BECOME FINANCIAI,.L Y SELF-SUFFIC1ENT, CONRAIL MUST PANTS CONCLUDED THAT POLICE UNIONISM IS PERMANENT LATION TO THE RIGHT OF COURT PERSONNEL TO ENGAGE LATIONSHIPS. POWERFUL ECONOMIC AND SOCIAL FORCES REDUCE ITS LABOR EXPENSES, WHICH,IN 1978, AMOUNTED AND HAS AN IMPRESSIVE SUCCESS RECORD, ALTHOUGH IN COLLECTIVE BARGAINING. LABOR RELATIONS CASES ALSO SHAPE INDUSTRIAL AND UNION EFFORTS. ANY ADOP. TO 63 PERCENT OF, ITS TOTAL REVENUES, COMPARED TO THE WORSENING ECONOMIC CLIMATE MAY PRODUCE NEW CITED FROM SEVERAL JURISDICTIONS, INCLUDING NEW TION OF COLLECTIVE BARGAINING FORMATS IN PRISONS THE RAIL INDUSTRY AVERAGE OF 51 PERCENT. THESE HIGH TENSIONS IN POLICE-LABOR RELATIONS. METHODS OF IM YORK, MASSACHUSETTS, WASHINGTON, MISSOURI, NEW MUST RECOGNIZE THE OVERRIDING CONCERN FOR SECURI· LABOR COSTS CAN BE ATTRIBUTED TO THE POOR PHYSICAL PROVING. COMMUNICAT!ONS AMONG THE MAJOR SECTORS, TY, AND THE FACT THAT THE PRISONERS' RELATIONSHIP TO CONDITION OF ITS EQUIPMENT, A LEGACY OF WEAK MAN JERSEY, AND PENNSYLVANIA, REPEAT THIS COMMON SUCH AS THE USE OF JOINT CONSULTATION, ARE SUG INSTITUTIONAL MANAGERS IS NOT ONE OF EQUALITY. NEW AGEMENT, AND LABOR AGREEMENTS. THE GENERAL AC THEME: TO WHAT EXTENT CAN THE LEGISLATIVE OR EXECU GESTED FOR IMPROVING POLICE-LABOR RELATIONS, SINCE TIVE BRANCHES INTERFERE WITH OR IMPOSE LIMITS UPON FORMS OF ARBITRATION THAT MAY BE DEVELOPED IN PRIS COUNTING OFFICE (GAO) REVIEWED CONRAIL'S ATTEMPTS STRIKES WILL PROBABLY BECOME INCREASINGLY UNAC THE JUDICIARY IN REGULATING EMPLOYEE RELATIONS? AL ONS AND ELSEWHERE MUST USE PROCEDURES APPROPRI TO IMPROVE LABOR PRODUCTIVITY AND DISCUSSED THESE CEPTABLE BOTH TO THE PARTIES INVOLVED AND TO THE THOUGH THE JUDICIAL RESPONSE, TO UNIONIZATION OF ATE TO THEIR UNIQUE SITUATIONS. IF THE LABOR MODEL PROGRAMS WITH CONRAIL OFFICIALS IN 1979. REPRESENT PUBLIC. TABLES, CHARTS, FOOTNOTES, AND AN APPENDIX COURT EMPLOYEES, A FAIRLY RECENT DEVELOPMENT IN HELPS TO INAUGURATE FLEXIBLE SYSTEMS OF JUSTICE, ATIVES OF OTHER RAILROADS WERE ALSO INTERVIEWED LISTING SYMPOSIUM PARTICIPANTS ARE INCLUDED. MOST JURISDICTIONS, HAS RANGED FROM TOTAL ACQUIES THEN A VALID PURPOSE IS SERVED. SPECIFIC DISCUSSION TO OBTAIN INFORMATION ON .COLLECTIVE BARGAINING IN CENCE TO TOTAL REJECTION, CASES SHOW THAT A SIMPLE CONCERNS THE IMPORTANCE OF UNION ORGANIZATION TO THE RAILROAD INDUSTRY. CONRAIL'S LABOR COSTS DE Availability: Canadian Government Publishing Centre Supply and 'YES' OR 'NO' ANSWER TO UNIONS IS INAPPROPRIATE BE THE SUCCESS OF ARBITRATION AND ALSO CURRENT EX· CLINED SLIGHTLY IN 1978 WHILE PRODUCTIVITY IMPROVED Services Canada, Hull, Quebec, Canada KiA OS9. Stock Order BECAUSE OF NEW COLLECTIVE BARGINING AGREEMENTS. CAUSE OF THE COMPLEX RELATIONSHIP BETWEEN THE PERIMENTS WITH ARBITRATION IN PRISONS. FOOTNOTES No. JS62-'35 1980 E. . CONRAIL BELIEVES THAT IT CAN REDUCE LABOR EXPENSES THREE BRANCHES OF GOVERNMENT AND THE FRAGMENTA ARE PROVIDED WITH THE TEXT. TO 51 PERCENT BY 1983 AND OPERATE WITH 20,000 FEWER TION OF MOST JUDICIAL SYSTEMS. NO JUDICIAL SYSTEM IS 83. IMPROVED GRIEVANCE·ARBITRATION SYSTEM-A KEY TO EMpLOYEES. WORK RULES ARE AN INDUSTRY-WIDE PROB FINANCIALLY INDEPENDENT, AND COURT WORKERS ARE BETTER LABOR RELATIONS IN THE POSTAL SERVICE. US 80. POLICE UNIONS ,IN THE CIVIL SERVICE SETTING. By J~ H. LEM, AND ALTHOUGH LABOR AND MANAGEMENT CONCEDE PART OF THE LARGER UNIT OF ALL GOVERNMENT WORK General Accounting Office General Government Diyision, 441 G BURPO. PubliC' Administration SerVice, 1497 Chain Bridge THAT CHANGES COULD' IMPROVE PRODUCTIVITY, THEY ERS. SEVERAL STATES HAVE ADOPTED STATUTES THAT Street NW, Washington, DC 20548. 71 p. 1979. Road, Mclean, VA 22101. 43 p. 1979. NCJ-59255 HAVE NOT BEEN ABLE TO AGREE ON HOW TO MAKE THESE SPECIFICALLY INCLUDE OR EXCLUDE JUDICIAL EMPLOYEES NCJ·73529 FROM THE APPLICABLE THAT LABOR RELATIONS LAWS FOCUSING ON THE RELATIONSHIP BETWEEN POLICE CHANGES. THE GOVERNMENT COULD ENCOURAGE MODIFI THIS REPORT EVALUATES THE GRIEVANCE-ARBITRATION (E.G., MASSACHUSETTS AND CONNECTICUT), BUT STATES UNIONS AND CIVIL SERVICE SYSTEMS, THIS PAPER EXAM CATIONS THROUGH LEGISLATION, SUCH AS A PROPOSAL SYSTEM IN THE POSTAL SERVICE AND OFFERS RECOMMEN THAT HAVE NOT DONE THIS MUST RELY ON THE INTERPRE INES COLLECTIVE BARGAINING AS AN ALTERNATIVE TO THE FOR LOANS TO RAILROADS THAT COMPENSATE WORKERS TATION OF THE PARTICULAR COLLECTIVE BARGAINING CIVIL SERVICE SYSTEM. A STUDY BY THE PUBLIC ADMINIS SUFFERING FINANCIAL LOSSES DUE TO CHANGES IN WORK DATIONS TO STRENGTHEN THE POSTAL SERVICE'S MAN STATUTE BY THE COURTS. IN STATES THAT HAVE NOT YET TRATIVE SERVICE REVEALED THAT ALTHOUGH A SUBSTAN RULES OR OPERATING PRACTICES: CONRAIL'S USE OF FED AGEMENT CONTROL OF GRIEVANCE ACTIVITIES. THE ENACTED GENERAL COLLECTIVE BARGAINING STATUTES, TIAL MINORITY OF 1?,0LlCE UNIONS AND PUBLIC ADMINIS ERAL FUNDS UNDER TITLE V OF THE REGIONAL RAIL REOR GRIEVANCE-ARBITRATION SYSTEM, ESTABLISHED THROUGH GANIZATION ACT (TO PAY SEPARATION ALLOWANCES TO COURT EMPLOYEE COLLECTIVE BARGAINING IS COMPOUND TRATORS FEEL THAT CIVIL SERVICE SYSTEMS INTERFERE COLLECTIVE BARGAINING, PROVICES A MECHANISM FOR WORKERS WHO GAVEUP THEIR JOBS AS A RESULT OF THE ED BY THE GENERAL PROBLEMS OF THE SCOPE OF PUBLIC WITH PERSONNEL ADMINISTRATION, MOST SUPPORT THE THE PEACEFUL RESOLUTION OF DISAGREEMENTS BETWEEN AGREEMENT WITH THE UNITED TRANSPORTATION UNION) IS EMPLOYEE NONSTATUTORY BARGAINING RIGHTS. SEVERAL SYSTEM. UNION ATTEMPTS TO ALTER THE SYSTEM SHOULD MANAGEMENT AND EMPLOYEES OR UNIONS OVER WAGES, NOT THE USE INTENDED BY CONGRESS, ACCORDING TO , PROBLEMS REMAIN, INCLUDING THE CONSTITUTIONALITY REMAIN MINIMAL, DUE TO PERCEIVED ADVANTAGES AND HOURS, AND EMPLOYMENT CONDITIONS. THE SYSTEM HAS ., GAO. CONRAIL AND THE UNION CONTESTED GAO'S INTER OF THE COLLECTIVE BARGAINING LAW GIVING AN EXECU BECOME CONGESTED WITH GRIEVANCES; AS A RESULT THE LACK OF ANY ALTERNATIVE TO THE CIVIL SERVICE PRETATION, ALTHOUGH THEY AGREED THAT IMPROVED TIVE AGENCY SOME CONTROL OVER JUDICIAL FUNCTION COSTS HAVE BEEN HIGHER THAN NECESSARY. PROGRESS SYSTEM. CURRENT INCREASING DEMAND FOR PRODUCTIVE LJ\BOR PRODUCTIVITY IS CRUCIAL TO THE RAILROAD INDUS ING, THE IDENTIFICATION OF THE LEGITIMATE EMPLOYER PUBLIC SERVICES POINTS OUT THE NEED TO IMPROVE THE TRY'S SURVIVAL THE APPENDIXES CONTAIN COMMENTS TOWARD MORE EFFECTIVE MANAGEMENT CONTROL OF OF JUDICIAL EMPLOYEES, THE SPECIFICATION OF JUST WHO QUALITY AND EFFECllVENESS OF POLICE SERVICES. NU .FROM CONRAIL AND THE DEPARTMENT OF TRANSPORTA GRIEVANCES HAS BEEN HAMPERED BY INADEQUATE DOCU ARE JUDICIAL EMPLOYEES, AND THE RIGHT OF SUPERVI MEROUS RECOMMENDATIONS FOR IMPROVING HIRING AND TION ON GAO'S REVIEW. (AUTHOR ABSTRACT MODIFIED) MENTATION OF GRIEVANCES, INSUFFICIENT LABOR RELA SORS AS APPOINTED OFFICIALS TO BARGAIN. REFERENCES PROMOT10N PRACTICES AND DISCIPLINARY POLICIES AND Supplemental Notes: REPORT BY THE COMPTROLLER GEN TIONS STAFFING AND A LACK OF STAFF INDEPENDENCE, ARE PROVIDED., PROCEDURES ARE NOTED. SEVERAL REASONS FOR THE ERAL AND INADEQUATE GRIEVANCE PROCESSING AND LABOR RE Supplemental Notes: PRICE QUOTED IS FOR SINGLE ISSUE. FAILURE OF CIVIL SERVICE CHANGES ARE OUTLINED, Availability: US General ACCOUnting Office, Distribution Section, LATIONS TRAINING. FURTHER PROBLEMS INCLUDE INAD AvallabJllty: InstitUte for Court Management, 1624 Market Street, ALONG WITH A SUGGESTED ALTERNATIVE: UTILIZATION OF Room 4522, 441 G Street, NW, Washington, DC 20548. Stock EQUATE COMMUNICATION TO LOCAL LEVELS OF INFORMA Suite 210, Denver, CO 80202; William S: Hein and Company, THE COLLECTIVE BARGAINING PROCESS FOR MORE PRO Order N~l. CED-80-61. TION REGARDING LABOR RELATIONS AND CONTRACTS, A Inc, 1285 Main Street, Buffalo, NY 14209" DUCTIVE METHODS OF HIRING, PROMOTING, AND DISCIPLIN LACK OF GRIEVANCE MONITORING AT LOCAL FACILITIES, 82. CONFLlC'T AND COOPERATION IN POLICE LABOUR RELA. 79. LABOR ARBITRATION AND DISPUTE RESOLUTION. By J. ING POLICE OFFICERS. A SUCCESSFUL EXAMPLE OF A COL· TIONS-THE PROCEEDINGS OF A SYMPOSIUM ON CANADI· AND ALACK OF LOCAL ACCOUNTABILITY FOR LABOR RELA G. GETMAN. Yale Law Joumal, ,401a Yale Station, New Haven, LECTIVE BARGAINING AGREEMENT IN CORPUS CHRISTI, AN POLlC~: LABOUR RELATIONS, HELO AT THE CANADIAN TIONS PROBLEMS. BOTH POSTAL AND UNION OFFICIALS CT 06520. YALE LAW JOURNAL, V 88, N 5 (APRIL 1979), P TEX., IS DISCUSSED. AMONG THE CIVIL SERVICE PROVI· POLICE COLLEGE, OTTAWA, CANADA, DECE.MBER 4,7,1978. HAVE BEEN WORKING TOWARD THE COMMON GOAL OF A t': 916-949. NCJ·57173 SIONS NEGOTIATED INTO THIS CITY'S POLICE COLLECTIVE B. M. DOWNIE and R. L JACKSON, Ed.. 246 p. 1980. MORE EFFECTIVE LABOR~MANAGEMENT RELATIONSHIP, BUT THE NATURE, OF LABOR ARBITRATION AND THE TRANSFER· BARGAINING AGREEMENT ARE PROMOTION AND DEMOTION NCJ·70702 THE POLITICAL NATURE OF SOME UNIONS AND THE INITI THESE !,ROCEEDINGS OF A 1978 SYMPOSIUM ON CANADIAN ABILITY OF THE LABOR ARBITRATION MODEL TO OTHER SIT OF ASSISTANT CHIEFS AND COMMANDERS, PROBATIONARY ATION OF UNWARRANTED GRIEVANCES HAVE HAMPERED POLICE-LABOR RELATIONS FOCUS ON THEIR HISTORY, THE UATIONS ARE DISCUSSED IN THIS LAW JOURNAL ARTICLE. PERIODS FOR RECRUITS AND SUPERVISORS, SUSPENSION MUTUAL UNDERSTANDING. IT IS RECOMMENDED THAT T!;E LABOR ARBITRATION IS ADMIRED FOR ITS APPARENT ABILI BARGAINING STRUCTURE AND PROCESS, ADMINISTRATION OF OFFICERS, REDUCTION IN THE POWER OF THE CIVIL POSTMASTER GENERAL PROVIDE GUIDELINES AND A FO~M TY TO RESOLVE DISPUTES FAIRLY AND IN AN EFFICIENT Or=THE COLLl:CTlVE AGREEMENT, DISCIPLINE, AND RELAT SERVICE COMMISSION IN DISCIPLINARY CASES, POWER OF FOR DATA COLLECTION, STAFF FACILITIES WITH PERSON AND FLEXIBLE MANNER. THIS PERCEPTION HAS LED SOME ED ISSUES. PF10CEEDINGS INCLUDE BOTH COMMISSIONED ASSISTANT CHIEFS AND COMMANDERS TO RECOMMEND NEL QUALIFIED TO RESOLVE GRIEVANCES, AND LABOR RE ,I COMMENTATORS TO BELIEVE ERRONEOUSLY THAT ARBI PAPERS AND READINGS FROM AMERICAN LlTERArURE. THE SUSPENSIONS, AND PROMOTIONS. ADDITIONAL ANALYSES LATIONS AND GRIEVANCE PROCESSING TRAINING TO' ALL t f TRATION OFFERS A TECHNIQUE FOR DISPUTE RESOLUTION OPENING PRESl,NTATION EXAMINES THE UNSTABLE PUBLIC .... ; ., OF THE CORPUS CHRISTI BARGAINING EXPERIENCE ARE EX SECTOR ENVIRONMENT AND ITS IMPACT ON ECONOMIC AND RELEVANT PERSONNEL, AND REQUIRE THAT GRIEVANCE THAT CAN BE ROUTINELY APPLIED IN ALL SITUATIONS. AMINED. FOOTNOTES ACCOMPANY THE TEXT. SUCH A CONCLUSION OVJ:RLOOKS THE IDIOSYNCRATIC NONECONOMIC ISSUES IN POLICE-LABOR RELATIONS. THE CONSIDERATIONS PROVIDE; THE RATIONALE FOR. THE DECI NATURE OF LABOR ARBITRATION AND ITS CRUCIAL RELA Spon.orlng Agency: US Department of Jusllce National Institute NEXT PAPER DISCUSSES THE HISTORY, STRUCTURE,'AND SION. IN ADDITION, GRIEVANCE PROCESS EVALUATIONS TIONSHIP WITH UNIONIZATION AND COLLECTIVE BARGAIN· of Justice, 633 Indiana Avenue NW.Washlngton, DC 20531. CURRENT PROBLEMS .oF CANADIAN POLICE BARGAINING, .SHOULD BE CONDUCTED, GRIEVANCE CONTROL LOGS SHQULD BE MAINTAINED AT EACH FACILITY, AND MANAGE ING.IT IS ONLY WHEN UNIONS ARE POWERFUL THAT ARBI· Availability: GPO Stock Order No. 027·000·00859-3; National WITH EMPHASIS ON THE, VANCOUVER EXPERIENCE. ADDI TRATION IS SUCCESSFUL ALTHOUGH LABOR ARBITRATION Institute of J!Jsllce National Criminal Justice. Reference SerVice TIONAL PAPERS FOCUS ON THEAABITRATION PROCESS, MENT PERFORMANCE APPRAISALS SHOULD ASSESS THE TEACHES LITTLE ABOUT PROCE;DURAL INNOVATION, IT Microfiche Program. NONECONOMIC ISS.UES SUCH AS SHIFT ASSIGNMENT, THE HANDLING OF GRIEVANCES. AGENCY AND UNION COM ! . STATE'S ROLE IN DISPUTE .RESOLUTION, THE ROLE OF MENTS AND LISTS OF CASES AND LABOR RELATIONS TRAIN- 34 35

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'"Y"""~"""'_" _.. _':" -··'~b-·~·"'-"'~'·'~":c~,~·"""-';-"'·---'-'''·' "'-. '->"""'<~-" ··.-'~-Jl;i-' --,--,--",-,--",,-'-~,,-'-

LABOR TECHNIQUES AND APPLICATIONS 1978 - 1982 LABOR

ING COURSES ARE INCLUDED IN APPENDIXES. (AUTHOR AB- FLORIDA AND MARYLAND,WHICH DETAILS THE RIGHTS AND QUATELY MANAGED COLLECTIVE BARGAINING PROCESSES FIGHTER AGREEMENTS FORMING THE BASIS FOR ANALYSIS STRACT MODIFIED) . PROTECTION OF LAW ENFORCEMENT OFFICERS ACCUSED CAN ACTUALLY ENHANCE THE MERIT SYSTEM BY REQUIR REPRESENTS A CROSS-SECTION OF EMPLOYEE UNIT SIZES, Avallablllty: US General Accounting' Office, Distribution Section, OF INFRACTION OF POLICY, IS ALSO DISCUSSED. APPEN ING AN EXAMINATION OF PERSONNEL POLICIES AND THE EMPLOYER SIZE, AND GEOGRAPHICAL DISTRIBUTION. THE Room 4522, 441 G Street, NW, Washington, DC 20548. Stock DIXES PRESENT SAMPLE CONTRACT CLAUSES, AN OUTLINE ESTABLISHMENT OF GRIEVANCE PROCEDURES TO RESOLVE SURVEY COVERS, STATE, COUNTY, AND MUNICIPAL JURIS Order No. GGD-80-12. (Microfiche) OF THE BILL OF RIGHTS STATUTES, AND AN ARTICLE ON EMPLOYEE DISSATISFACTIONS. ONE POSSIBLE PROGRAM DICTIONS. APPROXIMATELY TWO-THIRDS OF THE TOTAL THE NEW ORLEANS POLICE STRIKE OF 1979. (AUTHOR AB THAT WILL LEAD TO COMPATIBLE LABOR RELATIONS IS 84. STALEMATE-A POLICE COLLECTIVE BARGAINING GAM!!; NUMBER OF EMPLOYEES IN POLICE AND FIREFIGHTER COL STRACT MODIFIED) PROVIDING MEMBERS OF EMPLOYEE ORGANIZATIONS) University of Oklahoma Bureau of Government Research 455 W LECTIVE BARGAINING UNITS IN THE STATE ARE COVERED Undsey, Rm 304, Norman, OK 73019. 53 p:' 1980. " Avalla9l11ty: Charles C. Thomas, 2600 South First Street, Spring STAKE IN MANAGEMENT AFFAIRS/EVALUATION OF COLLEC BY THE AGREEMENTS SELECTED FOR THE PROTECTIVE NCJ-73540 field, It 62717. TIVE BARGAINING IN THE 1970'S INDICATES THAT UNIONS SERVICES STUDY. THE. STUDY FOCUSES ON THE MAJOR THIS MANUAL PRESENTS BACKGROUND INFORMATION, HAVE ATTEMPTED TO REPLACE PROCEDURES FOR CONSUL PROVISIONS, QUOTING REPRESENTATIVE ARTICLES FROM TATION THAT HAD BEEN PREVIOUSLY INFORMAL, TACIT, PLAYING RULESI' AND MATERIALS FOR THE SIMULATION 86. NO NONSENSE BARGAINING CAN WORK. By C.R. THE AGREEMENTS, CITING APPLICABLE STATUTORY PROVI AND VERBAL WITH PROCEDURES THAT ARE FORMAL, EX GAME OF STALEMATE, DESIGNED TO INTRODUCE THE THAYER, F. SEMElSBERGER, J. ADAMS, and D. J. SALTAR· SIONS, AND HIGHLIGHTING DEVELOPMENTAL TRENDS OVER ELLI~ POLICE CHIEF, V 48, N 8 (AUGUST 1981), P 68-72. PLICIT, AND CONTRACTUAL FIVE FOOTNOTES AND ABOUT PLAYER TO COLLECTIVE BARGAINING IN THE PUBLIC THE STLi9Y PERIOD. SPECIAL ATTENTION IS GIVEN TO THE ,0 NCJ"78401 35 REFERENCES ARE GIVEN. SECTOR BY ALLOWING INDIVIDUALS TO TAKE PART IN THE FACTORS THAT DISTINGUISH POLICE AND FIREFIGHTER NEGOTIATION OF A CONTRACT BETWEEN A MUNICIPALITY RECENTLY CONCLUDED SUCCESSFUL RENEGOTIATION OF PROVISIONS FROM STANDARD CLAUSES ON THE SUBJECT THE WAGE AND BENEFIT CONTRACT BETWEEN THE CITY OF 8S.CRIMINAl JUSTICE HUMAN RESOURCES PLANNING AND AN ORGANIZATION REPRESENTING THE POLICE DE PROJECT, VOLUME 4-AN EXPLORATORY AND DESCRIP AREAS IN WHICH THE TWO PROTECTIVE SERVICES GROUPS TUSTIN, CALIF., AND ITS POLlCE DEPARTMENT ARE RE PARTMENT. PLAYERS ARE INSTRUCTED TO READ BACK TIVE ANALYSIS OF GRIEVANCE PROCEDURES IN LAW EN· DIFFER AND THOSE IN WHICH THEY PARALLEL. THE CITED VIEWED BY, REPRESENTATIVES.OF THE NEGOTIATING PAR GROUND INFORMATION (E.G., THE NEWSPAPER, A DEMO fORCEMENT COLLECTIVE BARGAINING. By A. D. SAPP. PROVISIONS AND TABULATIONS REFLECT GENERAL PRAC TIES. THE MUTUALLY SATISFYING AGREEMENTS WERE GRAPHIC ESSAY, DATA ON POLICE AND POLICE CONTRACTS, Sam HouslonSlate Univarsity Criminal Justice Center, HuntSVille, TICE IN HANDLING THE SUBJECT AREA IN POLICE AND FIRE REACHED THROUGH THE USE OF A CITY NEGOTIATING TX 77340. 133 p. 1980. NCJ-81918 ETC.) ON THE FICTIONAL TOWN OF MEIERVILLE AND TO FIGHTER AGREEMENTS AS UNDERSTOOD FROM THE WRIT TEAM CONSISTING OF THE ,~AYOR AND COUNCIL MEMBERS, THIS STUDY ANALYZES THE SCOPE, NATURE, AND PROCE SELECT A ROLE TO' PLAY DURING THE SIMULATION GAME. TEN PROVISIONS. WAGES, HOURS, AND TERMS AND CONDI WITH STAFF SUPPORT FROM THE DIRECTORS OF FINANCE DURES IN GRIEVANCE CLAUSES OF POLICE COLLECTIVE THE FIVE TYPES OF ROLES INCLUDE ELECTED OFFICIAL TIONS OF EMPLOYMENT ARE ADDRESSED. A REFERENCE AND P~RSONNEL AND OF THE CHiEF OF POLICE. THE BARGAINING AGREEMENTS TO DE:'TERMINE RELATIONSHIPS ROLES, ADMINISTRATIVE ROLES, UNION ROLES, MEDIATOR SUMMARY OF STUDY FINDINGS IS APPENDED, AND 193 POLICE ASSOCIATION, REPRESENTED BY A TEAM OF ITS BETWEEN TYPES OF GRIEVANCE PROCEDURES AND POLICE AND ARBITRATOR ROLES, AND SPECIAL INTEREST GROUP FOOTNOTES ARE PROVIDED. (AUTHOR SUMMARY MODIFIED) ROLES. GAME RULES BRIEFLY DISCUSS VICTORY CONDI MEMBERS AND A PROFESSIONAL LABOR NEGOTIATOR, SUB UNION AND DEPARTMENT CHARACTERISTICS. A TOTAL OF 'nONS, ROLE ANALYSIS, STRATEGY, AND THE SEQUENCE OF MITTED A 'NO-NONSENSE' PROPOSAL PRIOR TO THE NEGO 289 LAW ENFORCEMENT BARGAINING AGREEMENTS AND Supplemental Notes: CERL MONOGRAPH, NUMBER 2 (NO- PLAY. DOCUMENTS NECESSARY TO THE PLAY ARE PROVID TIATIONS, INFORMAL DISCUSSIONS HAD DELINEATED NEGO THE GRIEVANCE PROCESS IN EACH WERE ANALYZED. THE VEMBER 1979). ' ED, INCLUDING THE EXISTING COtLECTIVE BARGAINING TIATING PROCEDURES, AND THREE PRELIMINARY SESSIONS AGREEMENTS WERE COLLECTED THROUGH A MAIL SURVEY Availability: Florida State University, College of Law Center for AGREEMENT, THE PREVIOUS YEAR'S BUDGET, AND APPLICA WITH THE CHIEF OF pOLIce HAD SERVEO TO SMOOTH THE OF 677 LAW ENFORCEMENT AGENCIES THAT YIELDED A Employment Relations and Law, Tallahassee, FL 32306. BLE STATE STATUTES. SPECIAL FORMS FOR P~AY INCLUDE WAY FOR THE EVENTUAL, DIGNIFIED AGREEMENT UPON RETURN RATE OF 7.3.6 PERCENT. A TOTAL OF 324 OF THE 'REASONABLE' DEMANDS. THE FORMAL NEGOTIATIONS /' RESPONDING AGENCIES INDICATED THEIR AGENCY PARTICI THE PLAYER SELECTION PREFF.RENCES, THE ROLE ANALY 90. POLICE COLLECTIVE. BARGAINING AGREEMENTS-A NA TOOK LESS THAN 2 HOURS AND LEFT BOTH SIDES SATIS:' PATED IN COLLECTIVE BARGAINING, AND 289 CURRENT SIS WORKSHEET,. THE BARGAINING WORKSHEET AND TIONAL MANAGEMENT SURVEY (REVISED AND EXPANDED BUDGET PROPOSAL, AND THE PRESS RELEASE:. FlED WITH THE PACKAGE. THE ASSOCIATION ACHIEVED A COLLECTIVE BARGAINING AGREEMENTS WERE USED IN THE EDITION). By S. B. RYNIECKI and M. J. MORSE. Police ex 12.35 PERCENT PACKAGE, AND THE CITY. SAVED THOU STUDY. TEN VARIABLES. ASSOCIATED WITH THE GRIEVANCE ecutive Research Forum, 1909 K Street, NW, Suite 400, Washing 85. POLICE AT THE BARGAINING TABLE.. By C. A. SALERNO. SANDS OF DOLLARS IN PROFESSIONAL NEGOTIATOR FEES. PROCESS WERE ANALYZED FOR SIGNIFICANT RELATION ton, DC 20006; National League of Cities, 1301 Pennsylvania 237 p. 1981.,.. NCJ-78260 POSITIVE COMMENTS ENDORSING THIS NOVEL APPROACH SHIPS AND PERTINENT FACTORS. TYPOLOGIES WERE DE Avenue NW, Washington, DC 20004. 90 p. 1981. cJ THIS BOOK DESCRIBES HQW TO NEGOTIATE A POLICE ARE EXPRESSED BY THE PRESIDENT OF THE TUSTIN POLICE VELOPEDTO CATEGORIZE THE GRIEVANCE PROCEDURE NCJ-87047 LABOR CONTRACT. IT FULLY DETAILS THE PROCESS OF Ej',1PLOYEES' ASSOCIATION, THE LABOR NEGOTIATOR, THE AND THE SCOPE OF GRIEVANCE TOPICS. GRIEVANCE SCOPE A SURVEY OF 140 POLICE COLLECTIVE BARGAINING AGREE COLLECTIVE BARGAINING TO PROVIDE BOTH LABOR AND CiTY MAYOR, AND THE CHIEF OF POLICE. ALL PRAISE THE WAS DIVIDED INTO SIX CATEGORIES BUILT AROUND THE MENTS FROM MORE THAN 100 JURISDICTIONS NATIONWIDE MANAGEMENT WITH THE INFORMATION NEEDED TO SUC ADVANTAGES OF FORGOING OUTSIDE NEGOTIATORS, THE CONCEPTS OF NEGOTIATED ISSUES, ADMINISTRATIVE AC PROVIDES EXAMPLES OF STATE-OF-THE-ART CONTRACT CESSFULLY NEGOTIATE THE INTERESTS AND DEMANDS OF REASONABLE FORMULATION OF DEMANDS BY THE ASSO TIONS, AND ADVERSE PERSONNEL ACTIONS. SLIGHTLY LANGUAGE FOR 17 KEY ISSUES. THIS ANALYSIS INVESTI BOTH SIDES. THE HISTORY OF POliCE UNIONS IS SUMMA CIATION, AND THE COORDINATING EFFORTS PERFORMED OVER ONE-HALF OF THE GRIEVANCE PROCEDURES STUD GATES IMPLICATIONS FOR MANAGEMENT DECISIONMAKING. RIZED, AND THE RELATIONSHIP OF GROUP DYNAMICS BY THE CHIEF OF POLICE. PHOTOGRAPHS THE PARTICI· IED LIMIT GRIEVtNCES TO NEGOTIATED ISSUES, WHILE Of THE STUDY CONSIDERS HOW VARIOUS JURISDICTIONS WITHIN LAW ENFORCEMENT AGENCIES TO THE INDIVIDUAL PATING PERSONALITIES ARE INCLUDED. NEARLY ONE-FOURTH PERMIT ALMOST ANY ISSUE TO BE HAVE TRIED TO BALANCE MANAGEMENT AND LABOR INTER OFFICER'S ATTITUDE TOWARD UNIONIZATION AND COLLEC THE SUBJECT OF A FORMAL GRIEVANCE. IN .ADDITION TO " Mailability: NatJ(jn~1 Institute of Justicn National Criml~al Justice ESTSIN DELIVERI~,G POLICE SERVICES AND EXAMINES " TIVE BARGAINING IS DISCUSSED. THE ADVANTAGES OF Reference Service Microfiche Program. . DISCOVERING RELATIONSHIPS BETWEEN THE THREE VARIA WHETHER THE CONTRACT LANGUAGE FOUND IN ALMOST UNION AFFILIATION AND COLLECTIVE BARGAI~~ING FOR LAW alES ENCOMPASSING THE ATTRIBUTES OF THE GRIEVANCE ALL POLICE" COLLECTIVE BARGAINING' AGREEMENTS ENFORCEMENT OFFICERS ARE WEIGHED, AND INFORMA 87. COLLECTIVE BARGAINING-PERSPECTIVE FOR THE 1980'S. PROCESS, ALL THREE WERE FOUND TO BE CLOSELY RELAT-. UNDULY LIMITS THE LEGITIMATE PREROGATIVES OF POLICE " .. TION IS PROVIDED ON THE FRATERNAL 'ORDER OF POLICE, By D. J. BEL!... JOURNAL OF POUCE SCIENCE AND ADMIN ED TO THE VARIABLES OF GEOGRAPHICAL LOCATION, LEAA MANAGERS. THE ANALYSIS INDICATES THE INADEQUACIES I·; THE LARGEST GROW!NG POLICE UNION. AND THE INTERNA ISTRATION,V!}, N'~ (SEPTEMBER 1981), P 296-305. REGION, AND CENSUS REGION. THE FINDINGS ALSO INDI OF SOME CLAUSES, THE DANGERS OF OTHERS, AND THE TIONAL CONFERENCE ON POLICE ASSOCIATIONS, A LOOSE NCJ-801~3. CATE A RELATIONSHIP BETWEEN THE TYPE OF LAW EN MERITS OF MORE PREFERABLE' LANGUAGE. FOR IMPOR CONFEDERATION OF. INDEPENDENT POLlCEIl OjlGANIZA nilS ARTICLE DISCUSSES COLLECTIVE BARGAINING WITH FORCEMEN'r,AGENCY (STATE, COLlNTY, OR MUNICIPAL), THE TANT SUBJECTS, VARIATIONS IN CLAUSES ARE TIONS. STATE LEGISLATION THAT HAS ENABLED LAW EN POLICE UNIONS, INCLUDING 'THE VIEWS OF".BOTHMANAGE TYPE OF LABORpRGANIZATlON, AND GRIEVANCE PROCE RANK-ORDERED BY PREFERENCE. THE CLAUSES STUDIED FORCEMENT OFFICERS TO,t:NGAG.E IN COLLECTIVE BAR MENT AND THE UNIONS. ABOUT ONE-THIRD OF ALL POLICE DURES. POSSIBLE' EXPLANATIONS FOR THE FINDINGS AND ADDRESS MANAGEMENT RIGHTS, MAINTENANCE OF STAND GAINING WITH THEIR EMPLdY~RS IS EXAMINED. SUMMA EMPLOYEES ARE:. ,UNIONIZED. POlleE OFFICERS HAVE RECOMMENDATIONS FOR FUTURE RESEARCH ARE PROVID- ARDS, GRIEVANCE PROCEDURES, DISCIPLINE AND THE RIES OF EACH STATE'S BASIC REGULATIONS ON LABORNE ECECTED UNION REPRESENTATIVES WHENEVER THEY PER ., ED. A BIBLIOGRAPHY CONTAINS ABOUT 60 LISTINGS, AND POLICE OFFICER'S BILL OF RIGHTS, CIVIL SERVICE AND GOTIATIONS ARE PRESENTED IN OUTLINE FORM. COVERING CEIVED'THEIR. STATUS As ERODED OR THEIR TRADITIONS TABULAR DATA ARE PROVIDED. THIRD-PARTY ENTITIES, STAFFING REQUIREMENTS, REDUC UNIT DETERMINATION, IMPAliS~ fu:souinON"pTRIKE PRO ) AND VALUES AS THREATENEO. TO REDUCEFRIGTJON BE- Sponsoring Agency: US Department of Justice Natlcmal Institute TIONS IN FORCE, SENIORITY, TRANSFERS AND ASSIGN VISIONS, GRIEVANCE PROCEDURES, SCOPE OF BARGAIN , TWEEN MANAGEMENT AND UNION EMPLOYEES,' THERE of Justice Office of Criminal Justice Education and Training, 633 Indiana Avenue, Washington, DC 20531. MENTS, SICK LEAVE, COST-OP'.\.IVING ADJUSTMENTS, AND lNG, CONTROLliNG BQDY, AND SPECIAL FEATUR.ES RELA MUST BE COMMUNICATION AND PARTICIPATION IN THE DE. Availability; National Institute of JusUce National Criminal Justice eDUCATION AND TRAINING. THE STUDY ALSO LOOKS AT TIVE TO INDIVIDUAL STATE LAWS. STEP-BY-STEP PROCE CISIONMAKIN~ PROCESS. A DET~RMINATION MUST. BE Re'er,~nce SerVice Mlcrollchlil' Program. CLAUSES FOR SUBCONTRACTING AND INVESTIGATES DURES ARE DELINEATED FQB.(ITHE: PREPARATION FOR NE MADE Bf;:FORE, CONTRACTUAL AGREEMENTS ARE SIGNED f NO~TRIKE, ZIPPER (STATING THAT THE EXECUTED AGREE GOTIATIONS, THE PREPARATIQN OF DEMANDS, CDNTRACT OF THE LONG-RANGE EFFEOrS AND COSTS OF THE ITEMS 89. POL,ICE AND FIREFIGHTER. COLLECTIVE BARGAINING IN MENT IS THE SOLE AGREEMENT BET,WEEN PARTIES), AND NEGOTIATIONS; AND GRIEVANCe:: li,foNDLING. APPROACi.:iES IN THE AGREEMENT. UNIONS HAVE EMPHASIZED THAT THEY FLORIDA. ,Florida State University College of Law Center for :~ DURATION AND REOPENER CLAUSES. CASE CITATIONS ANO ARE EXPLAINED FOR NEGOTIATING ECONOMIC AND NON SHOULD HAVE A DIRECT VOICE IN THEIROT'tGANIZATION'S Employment Relations and Law/Tallahassee, FL 32306. 129 p. I ABOUT 60 REFERENCES ARE PROVIDED. IN ADDITION, A \ . ECONOMIC ISSUES, PROOUCTIVITYISSUr:S, .AND RET.ROAC POLICIES; AS TI::I~~E POLICIES DIRECTLY AFFECT THE EM 1979. NCJ-86091 I " CHART PROVIDES INFORMATION ON KEY CLAUSES FOR ALL TIVEECONbMIG ISSUES •. S\!,G9ESTIONS ARE ALso MADa PI,.OYI;ES, BY NOT/SEEKING IMPROVED FINANCIALBENEF[TS THIS STUDY OUTLINES THE COLLeCTIVE BARGAINING EXPE FOR PREPARING PISCIPLINARY,APf'.EALS AND RESOLVING JURISDICTIONS STUDIED. . I AND J':MPLO'(MENT CONDITIONS FOR THEIR EMPLOYEES, RIENCE IN FLORIDA PROTECTIVE SERVICES AS REFLECTED ' " CONiRACT-RELATEDAND WORK-RELATED. DISPUTES. THE MANAGEMENT HAS CREATED AlEADERSHIP VACUUM THAT IN POLICE AND FIREFIGHTER CONTRACTS NE~OTlATED Availability: .Pollce Executive Research Forum, 1909 K Street, POLICE OFFIC~~'S BilL OF RIGHTSLEG'ISLATION, PASSED IN HAS BEEN FilLED. BY EMPLoYEE ORGANI~TIONS. ADE- FROM 1976-82. THE SAMPLE OF ti8 POLICE AND .58 FIRE- c't:lW, Suite 400, Washington, DC 20006. "-j , , . J 36 37 , . - ..-.~ ._----- . '.

,;,-?- .::_:=~~"~';~~~~:~~':'~:'J __ '-'~'_~'''''''''~;''_."'''''''c..."_,,~_.. _.~_~ ____" __ ._._:':""" __~,--".-,-_~._@;_ .. ",: __ .___ .: .. .:_.. ..:. __ ~"_., __--- •.- •.-, •.•. ...:.. .• " •••. :;... ,.-.-..... :c, ... ~~ ...... :.:...... :..• .::~:;:: .... "':,'::::-,::"..m:::,;....~,.::'::::~::;~:;,;:.~."...... -~/~-".~~::::::::::=:::=-~-=r::::.-::'.:'.::,...-~ ... "'""-~''7~------...... ':------'''''.-.,...---.I.''; --' ~------~------~

1978 - 1982 LABOR LABOR TECHNIQUES AND APPLICATIONS

A MAIL SURVEY SENT TO ALMOST ALL U.S. CITIES WITH A AN AGGRIEVED EMPLOYEE MAY BRING AN ACTION UNDER 91. STUDY OF POLICE MANAGEMENT LABOR RELATiONS IN PERSONNEL PROBLEMS MAY UNDERMINE ITS POTENTIAL TO POPULATION OVER 25,000. COLLECTIVE BARGAINING IS A THE OCCUPATIONAL SAFETY AND HEALTH ACT (OSH ACT) LOS ANGELES COUNTY-FINj"L REPORT. By W. C. LEWIS, DO WHAT IT CAN DO BEST, WHICH IS TO NEGOTIATE WAGES POSITIVE FACTOR IN POLICE SALAF:\~S. AND IT IS EN EVEN IF THE GRIEVANCE PREVIOUSLY HAD BEEN SUBMIT T. C. ESENSTEN, K. L. FRANCIS, S. WARD, and J. CHAPMAN. AND BENEFITS AND SOLVE CLEAR GRIEVANCES OVER CON HANCED BY THE AVAILABILITY OF ARBITRATION. THE AVAIL· TED TO FINAL ARBITRATION. THERE IS NO COMPARABLE RE Ross, Lewis and Associates, 53 East Huntington Drive, Arcadia, TRACT ADMINISTRATION. PRISON OFFICIALS NEED TO ABILITY OF ARBITRATION HAS AN INDEPENDENT AND POSI COURSE FOR THE EMPLOYER ONCE A SAFETY AND HEALTH CA 91006.12 p.1982. NCJ-87822 CREATE NEW MECHANISMS FOR DEALING WITH GUARDS' TiVE ASSOCIATION WITH POLICE SALARIES, BUT IT IS NOT DISPUTE IS BOUND OVER TO THE ARBITRATION PROCESS. THIS SYNOPSIS OF A 1980·81 ANALYSIS OF POLICE DISSATISFACTIONS AND SHOULD EMPHASIZE PROFESSION THE CAUSE. CONTROLLING FOR CRITICAL FACTORS, ARBI GIVEN THE DEFERENCE THE FEDERAL JUDICIARY ACCORDS MANAGEMENT·LABOR RELATIONS IN LOS ANGELES ALISM AMONG CORRECTIONAL STAFF. OTHER ISSUES NEED TRATED SALARIES ARE NOT SIGNIFICANTLY DIFFERENT IN AN ARBITRATOR'S DECISION, AN EMPLOYER CURRENTLY COUNTY, CALIF., FOCUSES ON RECOMMENDATIONS TO FA· ING ATTENTION ARE RACIAL TENSIONS AMONG CORREC ANY YEAR FROM NEGOTIATED SALARIES. ARBITRATION MAY OBTAIN JUDICIAL REVIEW OF AN AWARD ONLY ON A CILITATE NEGOTIATIONS, IMPROVE MANAGEMENT UNITY AS TIONAL STAFF AND THE NEED FOR MORE CONSTRUCTIVE CAUSED VERY LITTLE LEVELING OF SALARIES TO OCCUR. SHOWING OF FRAUD, PREJUDICE, LACK OF JURISDICTION, WELL AS RELATIONS WITH EMPLOYEES, AND CLARIFY THE LABOR-MANAGEMENT RELATIONS. THE UNION MUST ALSO ARBITRATION'S GREATEST BENEFIT FOR POLICE OFFICERS OR VIOLATION OF THE LAW. AN EMPLOYER MUST ALSO ROLES OF THE POLICE CHIEF AND CITY COUNCiL RECOM· REDUCE WORKER EXPECTATIONS ABOUT THE POTENTIAL MAY BE THE PROTECTION IT PROVIDES AGAINST MANAGE COMPLY WITH THE HEALTH AND SAFETY REGULATIONS MENDATIONS FIRST ADDRESS THE NEGOTIATING PROCESS, OF COLLECTIVE BARGAINING. MENT ATTEMPTS TO HOLD DOWN THE. RATE OF INCREASE PROMULGATED BY THE OCCUPATIONAL SAFETY AND NOTING THAT BOTH THE CITY AND THE POLICE ASSOCIA· Supplemental Notes: REPRINTED AND REVISED FROM INDUS· IN SALARIES. COLLECTIVE BARGAINING HAS A STRONGER HEALTH ADMINISTRATION (OSHA) OR BE SUBJECTED TO TION NEED TO DEVELOP GOALS REGARDING LONG~TERM TRIAL AND LABOR RELATIONS REVIEW, V 34, N 4 (JULY ASSOCIATION WITH FRINGE BENEFITS. POLICE UNIONS IN THE ENFORCEMENT PROCEDURES OF THE ACT. ARBITRA WAGES, BENEFITS, AND PRODUCTIVITY LEVELS AND 1981), P 531-544. ARBITRATION CITIES ARE ABLE TO OBTAIN BOTH FAVOR TORS' AWARDS ARE VIRTUALLY NONREVIEWABLE; WHEN SHOULD ENGAGE IN THOROUGH PRENEGOTIATION PLAN· Availability: eofuell University Press, 124 Roberts Place, Ithaca, ABLE CONTRACTS AND ADEQUATE SALARIES TO A MUCH ONE CONFLICTS OR EXCEEDS AN OSHA REGULATION, THE NING. SECOND, CITY MANAGEMENT PERSONS-THE COUN NY 14850. GREATER EXTENT THAN POLICE UNIONS IN OTHER CITIES. EMPLOYER IS WITHOUT A VIABLE ALTERNATIVE FOR RELIEF CIL, CITY MANAGER, POLICE CHIEF, AND PERSONNEL DIREC POLICE BARGAINING CORREL.6,TES WITH MORE PRODUCTIVE FROM THE EXCESSIVE OR CONFLICTING CONTRACTUAL AND TOR-MUST ACCEPT COLLECTIVE RESPONSIBILITY FOR 93. AMERICAN LABOR ARBITRATION-THE EARLY YEARS. By OFFICERS AND LESS PRODUCTIVE CIVILIAN EMPLOYEES. AR· STATUTORY COMMANDS. WHILE THE ARBITRATOR CANNOT D. R. NOLAN and R. I. ABRAMS. UNIVERSITY OF FLORIDA POLICE MANAGEMENT~LABOR RELATIONS AND FUNCTION BITRATION SEEMINGLY PRODUCES THE OPPOSITE EFFECT. RENDER A DECISION THAT IS EXPRESSLY CONTRARY TO AS A SINGLE UNIT. POLICE MANAGERS SHOULD RECOGNIZE LAW REVIEW. V 35, N 3 (SUMMER 1983), P 373-421. .;::; .. NCJ-92198 STATISTICAL TABLES ARE INCLUOED. APPENDIXES INCLUDE THE OSH ACT, NEITHER DOES THE ARBITRATOR HAVE> TO THE IMPORTANCE OF EMPLOYEE INVOLVEMENT IN POLICY A COpy OF THE MAIL SURVEY.ALlSTING OF DATA PERFORM A COST-BENEFIT OR FEASIBILITY ANALYSIS. TO CONTRARY TO THE COMMON VIEW, LABOR ARBITRATION FORMULATION AND CREATE BOTH FORMAL AND INFORMAL SOURCES, THE SCORING METHODOLOGY, AND STATISTICAL REDUCE THE INEQUITY CREATED BY THE INTERPLAY OF DEVELOPED IN LARGE PART AS A RESPONSE TO OUTSIDE MECHANISMS TO MEET REGULARLY WITH THE ASSOCIA TABLES. OVER 70 REFERENCES ARE NOTED. THE ARBITRAL PROCESS AND THE OSH ACT, WHICH GIVES LEGAL AND POLITICAL FORCES RATHER THAN AS AN AU· TION. THE CHIEF MUST BE A VISIBLE AND ACTIVE PART OF Sponsoring ~gency: US Department of Justice National Institute THE EMPLOYEE CONTRACTUAL AND STATUTORY FORUMS TONOMOUS EFFORT BY LABOR AND MANAGEMENT TO DE· THE MANAGEMENT TEAM AND ASSUME AN ACTIVE ROLE IN of Justice, 633 Indiana Avenue NW, Washington, DC 20531. IN WHICH TO PURSUE GRIEVANCES, THE FEDERAL JUDICI VELOP A PRIVATE DISPUTE RESOLUTION SYSTEM TO KEEP MAINTAINING GOOD RELATIONS WITH THE POLICE ASSOCIA Availability: National Institute of Justice National Criminal Justice ARY MUST ALSO REVIEW AWARDS WHEN THE REQUEST IS THE LAW OUT OF THEIR AFFAIRS. THE OUTSIDE INFLU· TION. ON THE OTHER HAND, THE CITY COUNCIL SHOULD BE Reference Service Microfiche Program; National Institute of Jus INITIATED BY THE EMPLOYER. WHEN THE EMPLOYER ENCES WERE EVIDENT AS EARLY AS THE 1870'S AND 1880'S, ·tice National Criminal Justice Reference Service Paper Reproduc INVOLVED IN SETTING LABOR RELATIONS POLICY, BUT CLAIMS THAT AN ARBITRATOR'S AWARD CONFLICTS WITH WHEN MANY STATES ESTABLISHED BOARDS OF ARBITRA tion Sales, Box 6000 Department F, Rockville, MD 20850. REMAIN APART FROM THE NEGOTIATION PROCESS. SUG OR EXCEEDS OSHA STANDARDS, THE COURT MUST NOT TION. THE SAME FORCES WERE AT WORK WHEN CONGRESS GESTIONS REGARDING NEGOTIATIONS EMPHASIZE THE DEFER TO THE AWARD; RATHER, THE EMPLOYER SHOULD PASSED LEGISLATION TO PREVENT RAILROAD LABOR DIS 95. MANAGER'S GUIDE AND PROGRAM EVALUATION OF ARBI NEED FOR A CLEAR UI\IDERSTANDING OF THE DEFINITIONS, BE. ALLOWED TO DEMONSTRATE THAT IMPLEMENTATION OF PUTES, WHEN PRESIDENT ROOSEVELT CREATED THE AN· TRATIONIN THE FEDERAL SECTOR. By J. C. DAVIS III. TIME FRAME, AND RuLES OF BARGAINING. BOTH PARTIES 82 p.1982. Dissertation. NCJ-93380 THE AWARD WOULD BE TECHNOLOGICALLY OR ECONOMI THRACITE BOARD OF CONCILIATION, AND WHEN BOTH FED· SHOULD BRING ONLY LEGITIMATE ISSUES TO THE TABLE, ARBITRATION OF DISPUTES BETWEEN LABOR AND MANAGE CALLY INFEASIBLE OR THAT COMPLIANCE WOULD OTHER· ERAL AND STATE GOVERNMENTS MOVED TOWARD COM SHARING PROPOSALS INFORMALLY PRIOR TO NEGOTIA MENT IN FEDERAL AGENCIES HAS BENEFITS AND COSTS TO WISE BE IMPOSSIBLE. THE COURT SHOULD THEN REVIEW PULSORY .ARBITRATION DURING AND AFTER THE FIRST TIONS. FINAlL'(, THE REPORT RECOMMENDS THAT BOTH BOTH THE TAX-PAYING PUBLIC AND TO THE PUBLIC EM THE AWARD. ANOTHER POSSIBLE SAFEGUARD WOULD BE WORLD WAR. HOWEVER, ONCE PARTIES DECIDED 'To USE THE CITY AND THE POLICE ASSOCIATION DEVELOP THE CA PLOYEES WHO USE THE PROCESS AS PART OF THE COL TO AMEND THE COLLECTIVE BARGAINING AGREEMENT TO ARBITRATION THEY HAD GREAT FREEDOM TO STRUCTURE PACITY TO HAVE INTERNAL NEGOTIATORS. DIAGRAMS ARE LECTIVE BARGAINING SYSTEM. ARBITRATION SAFEGUARDS RESTRICT THE ARBITRATOR AND THE REVIEWING COURT THE FORM, SCOPE, AND JURISDIcTION OF THEIR ARBITRA· INCLUDED. EMPLOYEE INTEREST BY PROVIDING A' MEANS OF GRIEV TO THE EXPRESSED OSHA REGULATION. OVER 210 NOTES TION SYSTEM. MOREOVER, THE LAW SELDOM ENFORCED Supplemental Notes: PROJECT NUMBER A4475-1-80. ANCE SETTLEMENT THAT USES NEUTRAL THIRD PARTIES. IT ACCOMPANY THE TEXT. (AUTHOR SUMMARY MODIFIED) AND ONLY RARELY INTERFERED WITH AGREEMENTS MADE '.,Spollsorlng Agencies: US Department of Justice law Enforce ALSO PROMOTES THE PUBLIC INTEREST BY PROVIDING A ment Assistance Administration; California Office of Criminal DURING ARBITRATiON. IN THIS SENSE, LABOR ARBITRATION WAY TO RESOLVE CONFLICT WITHOUT STRIKES OR SERVICE , 97. SIX STATE STUDY OF IMPASSE PROCEDURES IN THE Justice Planning, 9719 Uncoln Village Drive, Sacramento, CA CAN BE SAID TO BE AUTONOMOUS. HOWEVER, A MORE INTERRUPTIONS. GRADUALLY, THE USE OF ARBITRATION PUBLIC SECTOR. By P. F. GERHART and J. E. PROTHING. 95827. WIDESPREAD MISCONCEPTION IS THAT THE EXISTENCE, HAS INCREASED, INDICATING AN INHIBITION OF THE USE OF Case Western Reserve University, 10900 Euclid Avenue, Cleve WIDESPREAO ACCEPTANCE, AND PRj:SENT FORM OF LABOR THE PREARBITRATION PHASE FOR SETTLING GRIEVANCES. land, OH 44106. 261 p. 1980. NCJ-93686 92. COLLECTIVE BARGAINING AND LABOR. UNREST (FROM NEW ARBITRATION DATE FROM THE WAR LABOR BOARD OF NEVERTHELESS, THE PROPORTIONS OF CASES REACHING PERSPECTIVES ON PRISONS AND IMPRISONMENT, P WORLD WAR II. IN FACT, WELL BEFORE THE START OF THE THIS STUDY EXAMINES THE EFFECTIVENESS OF A VARIETY ARBITRATION AND THOSE SETTLED AT THE PREARBITRA 142-159,1983, BY JAMES B JACOBS-SEE NCJ-90529). By WAR, LABOR AND MANAGEMENT WERE LARGELY CON· OF POLICIES AND PROCEDURES USED TO RESOLVE J. B. JACOBS and L. ZIMMER. 18 p. 1983. NCJ-90531 TION PHASE HAVE REMAINED ALMOST CONSTANT. HOWEV VINCED THAT GRIEVANCE ARBITRATION COULD BE MUTUAL· PUBLIC-SECTOR LABOR DISPUTES IN IOWA, MICHIGAN, NEW ER, .ARBITRATION MAY HAVE ENHANCED FEDERAL EMPLOY COLu:cnVE BARGAINING IN THE PRISON SYSTEM MAY LY ADVANTAGEOUS. NEARLY THREE·QUARTERS OF ALL YORK, PENNSYLVANIA, OHIO, AND WISCONSIN. THE STUDY EESi CHANCES FOR GREATER WAGE RATES THAN THEIR CREATE OPPORTUNITIES FOR INCREASED COMMUNICATION COLLECTIVE BARGAINING AGREEMENTS CONTAINED ARBI· IS LIMITED TO MUNICIPAL AND SCHOOL DISTRICTS AND PRIVATE COUNTERPARTS, SINCE THE WAGES OF PUBLIC BETWEEN LABOR AND MANAGEMENT, BUT IT HAS LIMITS, AS TRATION CLAUSES. THUS, THE EARLY HISTORY OF AMERI· FOUR KEY PUBLIC-SECTOR OCCUPATIONS: POLICE, FIRE, EMPLOYEES HAVE INCREASED FASTER THAN THOSE OF SHOWN BY THE HJSTORY OF THE 1979 STRIKE BY THE CAN LABOR. ARBITRATION ENDED IN 1941, WHEN ITS SANITATION, AND TEACHERS. THE GENERAL RESEARCH HY PRIVATE EMPLOYEES FROM 1955 TO 1973, ANt;> THIS IN PRISON GUARDS IN'NEW YORK STATE. THE STRIKE, WHICH MODERN HiStORY BEGAN. A TOTAL OF 256 CASE NOTES POTHESIS IS THAT IF AN IMPASSE PROCEDURE PROVIDES CREASE HAS COME AT LESS COST TO THE INDIVIDUAL EM INVOLVED ABOUT 7,000 PRISON GUARDS, WAS THE LARG ARE PROVjDED, FOR CERTAIN STATUTORY GUIDES, IS ADMINISTERED EST AND MOST DRAMATIC GUARD STRIKE IN AMERICAN HIS PLOYEE. ALTHOUGH THE EXISTENCE OF ARBITRATION IN ALONG PARTICULAR LINES, AND THE INTERVENOR HAS PAR· '. THE PUBLIC SECTOR HAS NOT ELIMINATED BARGAINING, TORY.IT LASTED 17 DAYS. THE STRIKE AROSE ULTIMATELY 94. IMPACT OF COLLI::CTI.VE BARGAINING AND INTEREST ARBI TICULAR QUALITIES AND USES PARTICULAR TACTICS IN A FROM STRAINS WITHIN THE CORRECTIONAL GUARD'S ROLE TRATION ON POLICING-FINAL REPORT. By P.FEUILLE, COMPULSORY ARBITRATION IS LIKELY TO SUBVERT AND GIVEN DISPUTE, THE DISPUTE OR IMPASSE WILL BE RE AND FROM AN INCREASING DIVISION OF INTEREST BE W. HENDRICKS, and J. T. DELANEY. University of Illinois Insti WEAKEN COLLECTIVE BARGAINING IF DISPUTING PARTIES SOLVED SOONER RATHER THAN LATER. PART OF THE RE· TWEEN THE RANK AND FILE AND TOP -QEPARTMENTAL AD tute of Labor and IndUstrial Relations, Champaign, IL 61820. VIEW THAT PROCESS AS THE LEAST COSTLY ALTERNATIVE SEARCH FOCUS IS THE NATURE OF THE STATUTORY MINISTRATORS. THE STRIKE RESULTED IN A STATE OF 354 p. 1983. NCJ~92685 FOR RESOLVING GRIEVANCE ISSUES. DATA TABLES, FIG GUIDES, THE ADMINISTRATIVE APPROACHES, THE EFFEC EMERGENCY THAT REQUIRED DEPLOYMENT OF THE NA THIS NATIONAL STUDY FOUND THAT, AMONG POLICE DE URES, DISTRIBUTION LIST, AND 30 REFERENCES' ARE PRO TIVE TACTICS, AND INTERVENOR QUALITIES. THE KEY ISSUE, /. TIONAL GUARD. ULTIMATELY, WITH CRUCIAL AS~ISTANCE PARTMENTS AND POLICE UNIONS, COLLECTIVE BARGAINING VIDED. HOWEVER, IS WHETHER ANY OF THESE FACTORS MAKE AN FROM THE COURTS IN THE FORM OF FINANCIAL PENALTIES, AND THE AVAILABILITY OF INTEREST ARBITRATION ARE Supplemental Notec: NAVAL POSTGRADUATE SCHOOL, MON· IMPACT ON THE TIMING OF DISPUTE SETTLEMENT. USING STATE OFFICIALS WERE ABLE TO IMPOSE THEIR CONTRACT CLEARLY ASSOCIATED WITH HIGHER SALARIES,HIGHER TEREY CALIFORNIA-MASTER'S THESIS. THE CASE STUDY APPROACH, THE RESEARCHERS IDENTI TERMS. HOWEVER, THE STATE'S USE OF THE ANTISTRIKE FRINGE BENEFITS, .AND MORE FAVORABLE CONTRACTS. FIED 22 SCHOOL DISTRICTS AND 32 CITIES FOR INVESTIGA 96. EMPLOYER'S DILEMMA-THE IMPLICATIONS OFOCCUPA PENALTIES MAY HAVE fNTENSIFIED THE RESENTMENTS THE PRIMARY OBJECT OF THE STUDY WAS TO ISOLATe THE TIONAL SAFETY AND HEALTH ·IN THE ARBITRAL PROC TION AS TO THE EFFECTIVENESS OF THE IMPASSE PROCE THAT CAUSED THE STRIKE. COLLEGTIVEBARGAINING WAS IMPACT COMPULSORY INTEREST ARBITRATION HAS HAD ON ESS-CONFLICTING CONTRACTUAL AND STATUTORY COM DURES AVAILABLE TO THE PARTIES. THE INVESTIGATION NOT WELL SUITED FOR SOLVING THE EMOTIONAL AND POLICE EMPLOYMENT CONDITIONS. THE DATA COLLECTED MANDS.By R. M. DURAN. SYRACUSE LAW REVIEW. V CONSISrED OF OPEN·ENDED PERSONAL INTERVIEWS WITH DEEP-SEATED DISCONTENTS THAT CAUSED THE STRIKE. dAME FROM 1,015 CITIES FOR VARYING YEARS DURING THE 34, N 4 (FALL 1983), P 1067, 1105. NCJ·93493 189 PERSONS ON BOTH SIDES OF THE BARGAINING TABLE TRYING TO USE COLLECTIVE BARGAINING TO SOLVE ALL 1971 TO 1981 PERIOD. THE RESEARCH TOOK THE FORM OF 39 38

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LABOR ·rECHNIQUES AND APPl,.lCATIONS

AS WEll AS MEDIATORS. MEMBERS AND STAFF OF FIVE THEY WOULD BE IN THE ABSENCE OF PENALTIES.(NTIS AB STATE AGENCIES WERE INTERVIEWED FOR THEIR VIEWS ON STRACn THE DIFFICULlY OF IMPASSES, THE VARIATIONS IN IMPASSE Sponsoring Agency: US Department of Labor Labor Manage· PROCEDURE ADMINISTRATION AND ON THE QUALITIES OF ment Services Administration, Washington, DC. THE NEUTRAL INTERVENTION MOST LIKELY TO YIELD SUC Availability: NTIS. Acces~ion No. PB 81-249914. (Microfiche) CESS. THE STUDY CONCLUDES THAT EFFECTIVE IMPASSE 99. ARBITRATION AND CONFLICT RESOLUTION !N PROCEDURES ARE THOSE THAT PRODUCE PEACEFUL, LABOR-MANAGEMENT BARGAINING. By V. P. CRJ!"'I'ORD. TIMELY, BILATERAL SETTLEMENTS BY EITHER (1) INCREAS AMERICAN ECONOMIC REVIEW, V 71 .• N 2. (MAY 1961). P ING THE 'COSTS' TO THE PARTIES FOR CONTINUED DIS 205-210. NCJ-93981 AGREEMENT OR (2) ENHANCING RATIONAL BARGAINING BY THIS PAPER CLASSIFIES THE THEORETICAL PROBLEMS PROVIDING EXPERTS TO ASSIST THE PARTIES IN DEVELOP THAT MUST BE RESOLVED 8EFOREA MORE CAREFUL COM ING ALTERNATIVE SOLUTIONS TO PROBLEMS. IT APPEARS PARISON OF COMPULSORY ARBITRATION SCHEMES IS POS· THAT THE QUALITIES AND BEHAVIORS OF THOSE CHARGED SIBLE, PROVIDES A BRIEF OVERVIEW OF THE WORK THAT . WITH THE ADMINISTRATION OF A STATE'S IMPASSE POLICY HAS BEEN DONE, AND. INDICATES WHAT APPEAR TO BE THE ARE MORE INFLUENTIAL THAN THE POLICIES THEMSELVES MOST PROMISING DIRECTIONS FOR FUTURE RESEARCH. LEGAL ISSUES IN DETERMINING THE EFFECTIVENESS OF THE IMPASSE THE STUDY COMPARES COMPULSORY ARBITRATION WITH PROCEDURES. THE APPENDIXES CONTAIN THE SITE SELEC FINAL-OFFER ARBITRATION. RESEARCH UTILIZED SEPARATE TION FORM AND INTERVIEW FORMATS, THE ANALYSIS OF ANALYSES OF -THE QUALlT'C9F-._A8~ITP.!'heETTLE;';ENTS, STATE STAtUTES, AND THE DATA SUMMARY. TI:JE_BIAJ; OF NEGOTiA T1:6"srnLEMENTS, AND THE PROBA- -~;EffLiTY OF A NEGOTIATED SETTLEMENT. THE RESULTS SUG Sponsoring Agency: US Dep!llment;c! oLabor'-i:atio;' Manage GEST STRONGLY THAT FINAL-OFFER ARBITRATlONSTAT ment Servi~es,.Ad.I'!'1.'1!str.. tion; Washington, DC. UTES INTEND ONE THING, WHILE ACTUAL ARBITRATiON ~-'" - --- AVaii~~iil~: NTIS. Accession No. PB61-130718. (Microfiche) BRINGS ABOUT SOMETHING QUln: DIFFERENT. ULTIMATELY, THIS KIND OF ARBITRATION lEADS TO WHAT THE ARBITRA TOR WANTS, COMPLETELY INDEPENDENT OF THE PARTIES' 98. STRIKES AND STRIKE PENALTIES IN THE PUBLIC SECTOR. 101. DISPUTE RESOLUTION ACT-AMENDMENT. American Bar ESTS OF DIVERSE CONSTITUENCIES WHO SOUGHT TO IM By C. A. OLSON, J. L. STERN, J. M. NAJITA, and J. M. WEIS PREFERENCES EXCEPT AS THEY AFFECT THE ARBITRA TOR'S PREFERENCES. COMPULSORY ARBITRATION DOES Association Division of Public Service Activities, 1800 M Street PROVE THE RESOLUTION OF SO·CAllED MINOR OR ECO BERGER. University of Wisconsin Industrial Relations Research NW, Washington, DC 20036. 32 p. 1979. NCJ·65827 Institute, Madison, WI 53706. 513 p. 1981. 'NCJ-93776 NOT YIELD TO THE SAME INCENTIVES TO GO ALONG WITH NOMICALLY SMAll DISPUTES. IT PROVIDES $1 MilLION AN THE ARBITRATOR'S WISHES. ANEXAMINATlON OF MODEL INCLUDED IN THIS S. 423 AMENDMENT CITED AS THE DIS NUALLY FOR 5 YEARS TO CREATE A CLEARINGHOUSE TO STRIKES BY PUBLIC EMPLOYEES ARE ANALYZED IN THIS ING AND THEORETICAL CONSIDERATIONS CONCLUDES THAT PUTE RESOLUTION ACT ARE FINDINGS AND PURPOSE OF DEVELOP NEW INFORMATION, COLLECT EXISTING STUDIES, STUDY. THE REPORT INCLUDES AN OVERVIEW OF THE TO DESIGN BETTER ARBITRATION SCHEMES, IMPASSES THE ACT, DEFINITiON OF KEY TERMS, CRITERIA FOR DIS· AND SERVE AS A RESOURCE TO INDiVIDUALS AND PUBLIC PUTE RESOLUTION MECHANISMS, AND .ESTABLISHMENT OF ISSUES RAISED BY PUBLIC EMPLOYEE STRIKES, THE DESIGN MUST BE AVOIDED AS OFTEN AS POSSIBLE. ONE NOTE AND OFFICIALS INVOLVED iN DISPUTE RESOLUTION. AN ADDI A PROGRAM. THE PURPOSE OF THE ACT IS TO HELP THE OF THE STUDY; A HISTORICAL ANALYSIS OF TRENDS IN THE 12 REFERENCES ARE INCLUDED. TIONAL $10 MILLION Will BE PROVIDED ANNUAllY TO FUND STATES AND OTHER INTERESTED PARTIES PROVIDE CON NUMBER OF PUBLIC EMPLOYEE STRIKES, THE THEORETICAL Sponsoring Agency: National Science Foundation, 1800 G "EXPERIMENTS AT THE STATE AND LOCAL lEVELS. STRONG IMPACT OF STRIKE PENALTIES ON STRIKES AND BARGAIN Street, NW, Washington, DC 20550. VENIENT ACCESS TO DISPUTE RESOLUTION MECHANISMS SUPPORT FOR THE ACT CAME FROM PRACTITIONERS, ACA ING OUTCOMES, AND A lEGAL ANALYSIS OF STRIKE PENAL FOR ALL PERSONS. THESE MECHANISMS SHOULD BE EF DEMICS, COURT SYSTEMS REPRESENTATIVES, COURT AL TIES. AN ANALYSIS OF THE STRIKE EXPERIENCE .AND POll· 100. JOINT LABOR-MANAGEMENT COMMITTEES-A. FORUM FOR FECTIVE. FAIR, INEXPENSIVE,AND EXPEDITIOUS. IN ADDI TERNATIVES DIRECTORS, THE OFFICE OF CONSUMER AF CIES IN HAWAII, ILLINOIS. INDIANA, NEW YORK, PENNSYLVA· INNOVATIVE DISPUTE RESOLUTION. By G. B. FRANK. TION, GRANT RECIPIENTS OF FINANCIAL ASSI~J.ANCE RE FAIRS OF THE WHITE HOUSE. AND THE DEPARTMENT OF NIA, OHIO. AND WISCONSIN AND THE RESULTS OF A STATIS· HOSPITAL AND HEALTH SERVICES ADMINISTRATION, V 27, CEIVED UNDER THE ACT SHOULD BE ABLE T<)0 DEMON JUSTICE. IN THE MEDIATION-BASEP NEIGHBORHOOD JUS N 3 (MAY JUNE 1982), P 119-134. NCJ-94194 TICAL ANALYSIS OF STRIKES BY TEACHERS, FIREFIGHTERS, STRATE THAT THE DISPUTE RESOLUTION MECHANISM PRO TICE CENTERS ESTABLISHED BY THE DEPARTMENT OF JUS THIS PAPER MAINTAINS. THAT THE ISSUE OF SEPARATION POLICE, AND NONUNIFORMED MUNICIPAL EMPLOYEES IN A VIDESASSISTANCE, RESOLVES DISPUTES AT TIMES AND lO TICE, THE MOST COMMON CASES ARE INTRAFAMllY, NEIGH OF THE FUNCTIONS OF COLLECTIVE BARGAINING FROM SAMPLE OF GOVERNMENTS FROM SIX OF THE SEVEN CATIONS CONVENIENT FOR THE PEOPLE SERVED, ASSISTS BORHOOD, LANDLORD-TENANT, AND JOINT COMMITIEE DELIBERATION HAS BEEN GREATLY STATES ARE ALSO COVERED •. ALTHOUGH NUMEROUS PERSONS LIMITED. BY LANGUAGE BARRIERS OR OTHER DiS MERCHANT-CUSTOMER. MEDIATORS ARE OFTEN OF THE OVERSTATED. IN 24 MINNESOTA HOSPITALS, INTERVIEWS QUALIFICATIONS APPLY TO EACH FINDING, THE MAJOR ABILITIES, AND PROVIDES FAIR AND REASONABLE PROCE SAME RACIAL OR ETHNIC BACKGROUND AS THE DISPU WITH PERSONNEL, UNION, AND MEDIATION DIRECTORS FO CONCLUSIONS FROM THE STUDY ARE (1) STRIKE PENALTIES DURES. INFORMATION DISSEMINATION, CONSULTATION TANTS, AND HAVE DIVERSE OCCUPATIONS. COMMUNllY CUSED ON THE PRESENCE, USE, ANDSUBJECT MATIER OF WITH OTHER GOVERNMENTAL AGENCIES, AND PROGRAM THAT ARE CONSISTENTLY ENFORCED C~N DECREASE THE JUSTICE PROGRAMS STRESS MEDIATION OR CONCILIATION JOINT COMMiTIEES WITHIN INDIVIDUAL. HOSPITALS. THERE PROCEDURES FOR MAKING THE MECHANISMS MORE AC NUMBER OF PUBLIC EMPLOYEE STRIKES; (2) INTEREST AR. RATHER THAN AN ADVERSARY PROCESS, AND THEY ARE APPEARS TO BE AN ARTIFICIAL DIFFERENTIATION OF CESSIBLE ARE ALSO REQUIRED. STATES ARE ENCOURAGED BITRATION CAN ALSO SIGNIFICANTLY REDUCE THE NUMBER lESS COSTLY. MORE PRIVATE, AND SOMETIMES MORE IN ISSUES SUBJECT TO COllECTIVE BARGAINING AS OPPOSED TO DEVELOP THESE DISPUTE MECHANISMS AND TO TELL OF STRIKES; (3) UNION RECOGNITION DISPUTES RESOLVED f=ORMAL THAN THE COURTS. AT THE SAME TIME, COURTS IN TO JOINT COMMITIEE ACTION. IN COMPLEX WORK SET PEOPLE ABOUT THEM. THE ACT ALSO PROVIDES FOR THE THROUGH STATE MANDATED ELECTION PROCEDURES THE LAST rIND DECADES HAVE IMPROVED THE SELECTION, TINGS,ORGANiZED PROFESS!ONALS WilL STRONGLY ESTABLISHMENT OF A DISPUTE RESOLUTION PROGRAM IN APPEAR TO REDUCE UNION RECOGNITION STRIKES; (4) REMOVAL, AND DISCIPLINE OF JUDGES AND HAVE ESTAB RESIST ATIEMPTS TO NARROWLY J.l.MIT THEIR. ABILITY TO THE DEPARTMENT OF JUSTICE, INCLUDING A DISPUTE RES· STATE EDUCATIONAL POLICY THAT DETERMINES HOW LISHED MORE AND BETTER PROFESSIONAL COURT ADMIN GAIN INPUT INTO DECISiONS THAT AFFECT BOTH THE QUAL OlUTION RESOURCE CENTER AND ADVISORY BOARD; FI SCHOOL AID .AND LOST SCHOOL DAYS ARE TO BE HANDLED ISTRATI0l". QUESTIONS REGARDING THE COST EFFECTIVE ITY OF WORK LIFE AND THE CONTRACTUAL RELATIONSHIP NANCIAL ASSISTANCE OR GRANTS FOR IMPROVING EXIST WHEN TEACHERS STRIKE HAS AT LEAST AS GREAT AN NESS OF COMMUNllY JUSTICE SYSTEMS AND THE POSSI BErwI:EN THE EMPLOYEE ORGANIZATION AND MANAGE ING DISPUTE RESOLUTION MECHANISMS OR ESTABLISHING IMPACT ON TEACHER STRIKES AS STRIKE PENALTIES IN BLE DANGERS OF COERCION NEED TO BE ANSWERED. MENT. JOINT COMMITIEE FORMATION MAY FULFILL THE RE NEW ONES; RECORDKEEPING REQUIREMENTS FOR GRANT CLUDED IN COLLECTIVE BARGAINING LEGISLATION; (5) NO ALSO, IT IS IMPORTANT THAT JUDGES AND LAWYERS PLAY QUIREMENTS FOR SUCCESSFUL ORGANIZATION INNOVA RECIPIENTS: AND AUTHORIZATION OF APPROPRIATIONS. SOME ROLE IN THE CONTROL OF THESE CENTERS BY HELP LONG LASTING, DETRIMENTAL EFFECTS OF PUBLIC EM TION. THE LEGITIMACY OF JOINT COMMITIEE ACTION AS AN VOTING ROSTERS AND MEMORANDA ON THE DISPUTE RES PLOYEE STRIKES WERE DETECTED IN THE ANALYSIS OF ING SET GUIDELINES, MONITORING PERFORMANCE, AND ~. EXTENSION OF COLLECTIVE BARGAINING ACTIVITIES MUST OLUTION ACT ARE INCLUDED. , PARTICIPATING IN DECISIONS ABOUT CREATION OR CON lEGAL STRIKES IN HAWAII AND PENNSYLVANIA; (6) AL DERIVE FROM THE PARTIES' ACCEPTANCE OF THE DESIR Availability: National Institute of Justice National Criminal Justice TINUANCE. FOOTNOTES ARE PROVIDED. THOUGH NO EMPIRICAL EVIDENCE WAS PRESENTED, THE ABILITY OF DEVELOPING AS MANY AVENUES OF COMMUNI~ . Reference Service Microfiche Program. THEORETICAL ANALYSIS OF STRIKE PENALTIES SUGGESTS CATION AS POSSIBLE. A TOTAL OF 33 REFERENCES ARE IN Supplemental 'Notes: EARLIER. VERSION PRESENTED TO' A THAT THEY LOWERI3ARGAINING OUTCOM~S BELOW WHAT CLUDED. 102. NINETEEN EIGHTY DISPUTE RESOLUTION ACT. By P. NE CONFERENCE ON 'COUNTY GOVERNMENT AND NEIGHBOR JELSKI. American Bar Association Press, 1155 East 60th HOOD JUSTICE' AT WINGSPREAD, RACiNE, WISCONSIN, MAY Sireet, Chicago, Il 60637. JUDGES' JOURNAL, V 19, N 1 1979. (WINTER 1960). P 33-35, 44-4!i. NCJ-65884 THE NEW DISPUTE RESOLUTION ACT OF 1960 OFFERS 103. ARBITRATION OF SMALL BUSINESS DISPUTES-THE PO JUDGES .ANDLAWYERS A UNIQUE OPPORTUNITY TO SHARE TENTIAL FOR NEBRASKA. By F. S. fOR!3ES. American Ar THEIR .EXPERTISE WITH OTHERS TO JOINTLY DEVELOP IN bitration AsSociation, 140 West 51 Street, New York, NY 10020. k NOVATIONS IN DISPUTE RESOLUTION. THE' PASSAGE OF THE i ARBITRATION JOURNAL, V 35, N 1 (MARCH 1960), P 17-24. i. 1960 DISPUTE RESOLUTION . ACT REFLECTED THE INTER- - . NCJ-66370 L

40 41

'--- '\. - LEGAL ISSUES TECHNIQUES AND APPLICATIONS 1978 - 1~82 LEGAL:~SSUES

THROUGH A REVIEW OF NEBRASKA LAW AND SURVEYS OF 105. CALIFORNIA RENT-A-.JUDGE EXPERIMENT-CONSTITUTION ATTORNEYS AND SMALL BUSINESSES, THE AUTHOR SUG· AL AND POLICY CONSIDERATIONS OF PAY-AS-YOU-GO 107. LEGAL ISSUES ARISING IN MEDIATION-THE BOSTON MU- .,. ISLATION SEEKS THE LEGITIMIZATION OF DISPUTE RESOLU· GESTS MODIFYING THE NEBRASKA ARBITRATION LAW TO COURTS. HARVARD LAW REVIEW, V 94. N 7 (MAY 1981), NICIPAL COURT MEDIATION PROGRAM. By R. E. MCGIN TION MECHANISMS AS WELL. THIS IS OFTEN SOUGHT P 1592-1615. NCJ-77917 MAKE THE PROCEDURE A MORE ATTRACTIVE ALTERNATIVE NESS and R. J. CINQUEGRANA. Massachusetts Bar Assocla· THROUGH THE INTEGRATION OF MEDIATION PROGRAMS TO COURT LITIGATION, THE DIFFERENCE BETWe:E;N SUsMIT THE USE OF ReFeReES, AS PRESENTED IN ONE CALIFORNIA tion, One Center Plaza, Boston, MA 02108; Crime and Justice INTO THE LDCAL COMMUNITY OR LEGAL SYSTEM. A CALI Foundation, 19 Temple Place, Boston, MA 02111. MASSACHU- TING A DISPUTE TO ARBITRATION UNDER THE NEBRASKA STATUTE, HAS SEVERAL CONSTITUTIONAL AND INSTITU· FORNIA LAW ESTABLISHES MANDATORY MEDIATION iN THE SElTS LAW REVIEW. V 67, N 3 (FALL 1982), P 123·129, STATUTE AND UNDER COMMON LAW IS DESCRIBED. PAR TIONAL PROBLEMS THAT MAKE IT AN UNSATISFACTORY SO· 132-136.' NCJ-89130 AREAS OF CHILD CUSTODY AND VISITATiON. THE APPENDIX TICULAR FEATURES OF THE LAW, INCLUDING THE INITI· LUTION TO THE PROBLEM OF OVERCROWDED DOCKETS THIS PAPER CONSIDERS DISPUTANTS' CONSTITUTIONAL INCLUDES RELEVANT Li:GISLATION FROM NEW YORK, CALI ATION OF ARBITRATION PROCEEDINGS, SUBMISSION TO AR· AND, HENCE, AN UNSUITABLE MODEL FOR OTHERS TO RIGHTS THAT MAY BE AFFECTED BY THE MEDIATION PROC FORNIA, COLORA[)O, FLORIDA, MINNESOTA, OKLAHOMA, BITRATION OF MATTERS ALREADY IN LITIGATION, RULES OR FOLLOW. IN CALIFORNIA, A REFERENCE PROCEDURE ESS, NONCONSTITUTIONAL ISSUES, PROBLEMS THAT MAY TEXAS, DELAWARE, CONNECTICUT, AND NORTH CAROLINA. STATUTES APPLICABLE TO REFEREES, REVOCATION OF ALLOWS LITIGANTS TO BYPASS THE FORMAL COURT ARISE SUBSEQUENT TO A MEDIATION AGREEMENT. AND THE APPENDIX ALSO INCLUDES THE FEDERAL DISPUTE RES· SUBMISSION, AND DEFAULT AWARDS ARE EXPLAINED. RE SYSTEM; CASES ARE TRIED BEFORE A .REFEREE SELECTED ETHICAL CONSIDERATIONS THAT MAY CONFRONT A OLUTION ACT (P.L 96·190) AND AN EXAMPLE OF A FOREIGN SULTS OF A 1978 SURVEY ARE DISCUSSED IN WHICH A AND PAID BY THE LITIGANTS AND EMPOWERED BY STATUTE LAWYER ACTING AS MEDIATOR. VOLUNTARY PARTICIPATION LAW (NEW SOUTH WALES, AUSTRALIA). -'~7--';:~"SAMP::'E-= C;:;7·:7~7"--:;M,;tt:-:;at:s~t.:t!~~S::-!/:A:;·-:C::;A~~·- :ZRCM TO ENTER DECISIONS HAVING THE FINALITY OF TRIAL THROUGHOUT THE MEDIATION PROCESS IS NOT ONLY CRU· Supplemental Notes: MONOGRAPH SERIES NO.1. THE DiRECTORY OF NEBRASKA SMALL BUSINESSES. AN COURT JUDGMENTS. ADVANTAGES OF FULL 'ri~F,rflENCE CIAL TO THE EFFECTIVENESS OF THE MEDIATION PROCESS, Availability: American Bar Association Special Committee on Res 18-PERCENT RESPONSE RATE WAS RECEIVED TO A LETTER TRIALS INCLUDE SPEED, THE FREEDOM TO SELECT. THE <" BUT IS ESSENTIAL TO CONSTITUTE A DISPUTANT'S DEFER· olution of Minor Disputes, 1800 M Street, NW, Washington, DC ASKING ABOUT THE PAST USE OF ARBITRATION AS A REFEREE WHO HAS PARTICULAR EXPERIENCE OR EXPER RAL OF HIS/HER RIGHT TO JUDICIAL PROCESS WiTH ITS AS 20036. METHOD OF DISPUTE RESOLUTION AND ABOUT ATTITUDES TISE IN THE SUBJECT MATTER OF THE LITIGATION, THE SE SOCIATED PROTECTION RIGHTS AND AUTHORITATIVE DIS· TOWARD ITS FUTURE USE. RURAL AREAS ACCOUNTED FOR CRECY OF PRIVATE HEARINGS, AND THE POTENTIAL TO '" POSITIONS. ALTHOUGH THE DUE PROCESS GUARANTEES OF 109. THREATS TO FAIR TRIAL RIGHTS (FROM JURYWORK-SYS 36 PERCENT OF RESPONSES AND URBAN AREAS 64 PER AVOID THE SORT OF COMPROMISE VERDICT THAT ARBITRA . "THE 14TH AND FIFTH AMENDMENTS GOVERN MANY CHAR TEMATIC TECHNIQUES-SECOND EDITION, P 12.1-12.11, 1983, BETH BON ORA AND ELISSA KRAUSS, ED.-SEE CENT. A TOTAL OF 21 PERCENT HAD BEEN INVOLVED IN TION CAN PRODUCE. FINALLY, REFEREE TRIALS MAY CON ACTERISTICS OF THE JUDICIAL PROCESS WHEN A PERSON'S NCJ-90582). By J. SCHULMAN, N. BUSH, W. GOLDFRANK, SOME FORM OF ARBITRATION, LARGELY LABOR DISPUTES. TRIBUTE TO A REDUCTION IN THE TOTAL 'DUEPFIOCESS.INTEREST' IN LIFE, LIBERTY, OR PROPERTY and M. GREENFIELD. 11 p. 1983. NCJ-90593 RESPONDENTS DID NOT USE ARBITRATION BECAUSE THEY DISPUTE·RESOLUTION COST TO SOCIETY. HOWEV.ER, TRIALS IS AFFECTED, THE BOSTON MUNICIPAL COURT MEDIATION CALLS FOR LAW AND ORDER COMBINED WITH DEMANDS EITHER FELt THERE WAS NO NEED TO USE IT OR WERE UN CONDUCTED BY PRIVATELY PAID JUDGES RAISE ISSUES OF PROGRAM (aMC) CANNOT BE CONSIDERED A 'STATE FOR COST CUTTING HAVE ERODED THE U.S. JURY SYS AWARE OF THE METHOD AS A PRACTICAL ALTERNATIVE. EQUAL PROTECnON AND DUE PROCESS. THE USE OF REF ACTION' SUBJECT TO DUE PROCESS REQUIREMENTS, AND TEM'S ABILITY TO FULFILL ITS TRADITIONAL DEMOCRATIC HOWEVER, 68 PERCENT INDICATED A WILLINGNESS TO EREES PAID 'BYTHE' PARTIES, IN EFFECT, CREATES TWO FURTHER, NEITHER OF THE DISPUTANTS IS COERCED BY GOALS, AS EXEMPLIFIED BY SUPREME COURT DECISIONS SERVE ON A CITIZEN'S ARBITRATION PANEL APPROXIMATE CLASSES OF LITIGANTS: THE WEALTHY WHO CAN AFFORD THE MEDIATION PRO'CESS TO SUFFER ANY HARM THAT MAY ALLOWING SIX-PERSON JURIES AND NONUNANIMOUS VER LY 95 PERCENT OF THE RESPONDENTS STATED THEY DID THE PRICE OF A REFEREE AND THE POORER WHO CANNOT. NOT BE REMEDIED T~~~OUGH SUBSEQUENT JUDICIAL PROC DICTS, THE; WITHDRAWAL OF THE RIGHT 1Q TRIALJW JURY NOT BELIEVE THAT ONLY ATTORNEYS SHOULD SERVE AS MOREOVER, THE USE OF REFEREES MAY HINDER THE ESS. NONCONSTITUTIO'iI.JAL LEGAL ISSUES THAT MAY BE IN· . FOR l?QMg Ml£!)EMlOAi,uR3;-:-iViANDATOFiY' ARBITRATION, ARBITRATORS. IN ANOTHER RANDOM SURVEY OF 232 NE FUTURE DEVELOPMENT OF THE LAW TO ALLOW POSSIBLY VOLVED IN MEDIATION ARE CONFIDENTIALITYAII!9·. AND ATTACKS ON LAWYER·CONDUCTED VOIR DIRE. THE BRASKA 'LAWYERS WITH A RESPONSE RATE OF 29 PER IMPORTANT PUBLIC ISSUES TO BE LITIGATED IN A COM STATUTE-OF·L1MITATION CONSIDERATIONS. THE MEDIATION ONE EXCEPTION TO THIS TREND IS THE SUPREME COURT'S CENT, 62 PERCENT SAID THEY DID NOT AGREE WITH THE PLETELY PRIVATE CONTEXT. A CHART PRESENTS THE AGREEMENT USED IN THE BMC PROGRAM PROVIDES THAT STRENGTHENING OF THE DEFENDANT'S RIGHT TO A JURY LAW (I.E., THEY THOUGHT AGREEMENTS TO ARBITRATE RANGE OF POSSIBLE REFERENCE PROCEDURES BY STATE; NO PARTICIPANT IN THE MEDIATION PROCESS WILL REVEAL REPRESENTATIVE OF THE COMMUNITY. THE COURT HAS FUTURE DISPUTES SHOULD BE ENFORCEABLE). THEARTI 119 FOOTNOTES ARE INCLUDED. ANY MEDIATION COMMUNICATION IN ANY SUBSEQUENT DISTINGUISHED SERIOUS OFFENSES FOR WHICH THERE IS A CLE SUGGESTS THAT LEGISLATIVE AND POSSIBLY CONSTI PROCEEDING INVOLVING THE SAME SUBJECT MATTER, AND FEDERAL CONSTITUTIONAL RIGHT TO TRIAL BY JURY AND TUTIONAL CHANGES MAY BE NECESSARY. LEGISLATIVE THE PROMPTNESS OF MEDIATION PROCEEDINGS IS SUCH 106. PROTECTION OF CONF:OENTIALITY IN THE MEDIATION OF PETTY OFFENSES FOR WHICH THERE IS NOT. THE COURT AMENDMENT OF THE PRESENT ARBITRATION STATUTE, . MINOR DISPUTES. By E. P. FRIEDMAN. CAPITAL UNIVER AS TO NOT THREATEN VIOLATION OF ANY STATUTE OF LIMI HAS DETERMINED THAT A SERIOUS OFFENSE IS ONE WITH CONSISTENT WITH THE UNIFORM ARBITRATION ACT, FOR SITY LAW REVIEW, V 11. /II 2 (WINTER 1981), P 181-213. TATIONS SHOULD SUBSEQUENT LITIGATION OR JUDICIAL A PENALTi OF 6 MONTHS OR~ MORE INCARCERAT!ON. SUT THE ENFORCEABILITY OF SUCH AGREEMENTS, IS SEEN AS NCJ-8407S . PROCESSING OF THE MATTER BE BROUGHT. LAWYERS OTHER FEDERAL COURTS USING FINES AS CRITERIA HAVE THE BEST APPROACH. FOOTNOTES ARE PROVIDED. ACTING AS MEDIATORS SHOULD AVOID ANY APPEARANCE A RECURRING PROBLEM IN EXISTINc:! MEDIATION PRO RENDERED VARYING DECISIONS. STATE COURTS ARE NOT Sponsoring Agency: Small Business Administration, 1441 L GRAMS IS THE UNCERTAIN NATURE OF THE CONFIDENTIAL OF ADVISING DISPUTANTS IN DRAFTING A MEDIATION Street,NW, Washington, DC. AGREEMENT OR BECOMING INVOLVED AS COUNSEL IN ANY BOUND BY THESE RULINGS, BUT RELY ON THEIR OWN CON· ITY OF SUCH PROCEEDINGS; LEGISLATION TO PROVIDE FOR STITUTIONS, WHICH OFTEN GIVE MORE EXPANSIVE RIGHTS CONFIDENTIALITY IN OHIO IS PROPOSED. MEDIATION PRO SUBSEQUENT COURT ACTION THAT MAY INVOLVE THE DIS· 104. FEDERAL MAGISTRATES ACT OF 1979, S 237 (HEARING TO TRIAL BY JURY THAN THE FEDERAL CONSTITUTION. THE GRAMS FOR THE RESOLUTION OF MINOR CRIMINAL DIS PUTANTS. THE APPENDIXES CONTAIN THE FORM OF THE BEFORE lltE SUBCOMMITTEE ON IMPROVEMENTS IN JUDI SUPREME COURT IN WILLIAMS V. FLORIDA HELD THAT THE PUTES ARE A NEEDED ADDITION TO AN OVER(:ROWDED BMC AGREEMENT TO PARTICIPATE IN MEQIATION AND DATA CIAL MACHINERY, 96TH CONGRESS, 1ST SESSION, MARCH ON THE BMC PROGRAM. FIFTY·EIGHT FOOTNOTES ARE PRO RIGHT TO TRIAL BY JURY WAS SATISFIED BY A 6-PERSON , ~., COURT SYSTEM. THE NIGHT PROSECUTOR PROGRAM (NPP) 30, 1979). US Congress Senate Subcommittee on Improve VIDED. RATHER THAN A 12-PERSON JURY AND ENUNCIATED ments in Judicial Machinery, Washington, DC 20510. 134 p. OF COLUMBUS, OHIO, SERVES ASA MODEL FOR THE USE STANDARDS TO DETERMINE WHETHER A JURY SIZE IS UN 1979. NCJ-!l6896 OF MEDIATION IN CRIMINAL CASES. THE PROGRAM SUPPLE 108. STATE LEGISLATION ON DISPUTE RESOLUTION. By L CONSTITUTIONAL. HOWEVER, SMALLER JURIES REDUCE CONGRESSIONAL TESTIMONY ON LEGISLATION THAT MENTS THE SYSTEM BY FOCUSING ON UNDERLYING PROB· FREEDMAN and L RAY. American Bar Association SpeCial THE LIKELIHOOD OF OBTAINING A CROSS-SECTION OF THE WOULD EXPAND THE CIVIL AND CRIMINAL JURISDICTION OF LEMS AS WELL AS THE QRIMINAL INCIDENT IN DISPUTE. Committee on Resolution of Minor Disputes, 1800 M Street, NW, COMMUNITY AND LIMIT THE ROLe. PLAYEo BY PERSONS IN FEDERAL MAGISTRATES IS RECORDED. THE TESTIMONY HOWEVER, UNLIKE ESTABLISHED MEDICAL MALPRACTICE Washington, DC 20035. 164 p. 1982. NCJ-89152 THE MINORITY, THE COURT HAS ALSO UPHELD NONUNANI CONCERNS THE MAGISTRATES ACT OF 1979, PART OF A PANEL PROGRAMS AND DIVORCE MEDIATION PROGRAMS, THIS .REPORT PRESENTS THE SUBSTANCE AND CURRENT MOliS VERDICTS IN CRIMINAL TRIALS, ALTHOUGH THIS LEGISLATIVE PACKAGE DESIGNED TO IMPROVE ACCESS TO LITTLE HAS BEEN DONE TO ENSURE CONFIDENTIALITY OF STATUS OF LEGISLATION IN 14 STATES DEALING WITH MEDI PRACTICE PERVERTS THE GIVE-AND·TAKE OF JURY DELIB THE FEDERAL COURTS. THE ACT WOULD ALLOW CIVIL THE RECORDS AND PROCEEDINGs. RELIANCE elY ANALOGY ATION, ARBITRATION, AND CQJII.CILIATION. THE 14 STATES ERATIONS AND MAKES THE DOCTRINE OF REASONABLE OASES AND MINOR CRIMINAL CASES TO BE TRIED BEFORE TO LABOR MEDIATION AND THE FEDERAL RULES OF .EVI· HAVING PROPOSED AND PENDING BILLS AS WELL AS EN DOUBT MEANINGLESS IF A FEW JURORS' DOUBTS CANNOT , A MAGISTRATE, WITH THE CONSENT OF THE PARTIES IN· DENCE PROVIDE SOME PROTECTION, BUT MORE OFTEN ACTED LAWS ON [W3PUTE RESOLUTION ARE NEW YORK, BE RESOLVED BY THE MAJORITY. COALITIONS OF INDIVID· CALIFORNIA, COLORADO, FLORIDA, MINNESOTA, OKLAHOMA, 1\ ~ VOLVED. TESTIMONY IS PRESENTED BY DISTRICT COURT GOOD RELATIONS WITH THE LOCAL BENCH AND eAR ARE UALS, LAWYERS' ASSOCIATIONS, AND PUBLIC DEFEt:!DERS JUDGES, MAGISTRATES, LAW PROFESSORS, A STATE SU THE PRIMARY MEANS OF ENSURING CONFIDENTIALITY. TEXAS, HAWAII, DELAWARE, OHIO, IOWA; CONI\IECTiCUT, MUST DEVELOP MECHANISMS FOR MONITORING LEGISLA· PREME COURT JUSTICE, AND OTHER WITNESSES, WHO STATUTORY PROTECTION FOR THE CONFIDENTIALITY OF NORTH CAROLINA, AND MICHIGAN. JHROUGH Lt;GISLATION, TION THREATENING JURY RIGHTS AND TESTIFY PERSUA· ASSESS THE STRENGTHS AND WEAKNESSES OF THE BILL NPP-TYPE PROGRAMS IS ESSENTIAL FOR OHIO TO PROTECT THE STATES HAVE GENERALLY ATTEMPTED TO PROVIDE SIVELY ON BEHALF OF THE JURY SYSTEM. THE PAPER IN SOME OF THE WITNESSES ALSO EXPRESS VIEWS ON AN· THE INDIVIDUAL'S CONSTITUTIONAL RIGHTS. KEY ELEMENTS FUNDING FOR THE ESTABLISHMENT OF PROGRAMS AND CLUDES 30 FOOTNOTES. ONGOING OPERATIONS. NEW . YORK HAS APPROPRIATED OTHEfl\COMPONEf'/T OF THE LEGISLATIVE PACKAGE WHICH OF THE PROPOSED LEGISLATION ARE CONFIDENTIALITY Availability: Clark Boardman Company, Ltd, 435 Hudson Street, MORE THAN $1 ,MiLLION TO DISE!UTE RESOLUTION' PRO WOUlR ENABLE FEDERAL COURT JUDGES TO REQUIRE L1TI FOR THE MEDIATION SUBJECT MATTER, THE REQUIREMENT New York,NY 10014. GANT,~ TO SUBMIT THEIR CASES TO OUT-OF·COURT ARBI. OF WRITTEN 'CONSENT BY ALL PARTIES,· AND THE BROAD GRAMS, A~IJ PROPOSALS IN TEXAS WOULD AUTHORIZE IN· TRATIPN. IN ADDITION TO THE RECORD OF TESTIMONY, THE /SCOPE OF THE DEFINITION OF INFORMATION. A SIMILAR CREASES IN COURT FEES TO FINANCE THESE PROGRAMS. 110. LEGAL IMPLICATIONS OF THE MEDIATION ARBITRATION REPC\RT ALSO INCLUDES A COpy OF THE MAGISTRATES STATUTE IS CURRENTLY IN EFFECT IN NEW. YORK. AND ITS LEGISLATION HAS ALSO SOUGHT TO RESOLVE LEGAL ALTERNATIVE TO CONVENTIONAL CRIMINAL ADJUDICA· ACT llAND AN EVALUATION OF A PiLOT ARBITRATION PASSAGE IS RECOMMENDED. THE ARTICLe INCLUDES 214 ISSUES RELATED TO DISPUTE RESOLUTION. CONFIDENT!AL· TION (FROM ALTERNATIVES TO LITIGATION AND ADJUDI· PROJECT. TABULAR DATA ARE INCLUDED. FOOTNOTES. ITY IS THEPRIQRITY ISSUE. NEW YORK'S CONFIDENTIALITY CATION, P 42-58,. 1982~SEE NCJ·91480). By P. RICE. 17 PROVISION SPECIFICALLY PROTECTS THE MEDIATION PROC p. 1982. NCJ·91483 ; .... ,1\ Availability: National Institute of Justice National CrimInal Justice Availability: National Institute of Just/ce National Criminal Justice THIS DISCUSSION OF SOME OF THE LEGAL IMPLICATIONS Reference Service Microfiche Program. Reference Servrce Microfiche Program. ESS. OTHER PROPOSALS DEAL WITH THE LIABILITY OF ME DIATORS AND THE ENFORCEABILITY OF AGREEMENTS. LEG· OF MEDIATION AND ARBITRATION CONSIDERS THE CONFI·

.J' 42 . i 43

, « o (\ LEGAL ISSUES TECHNIQUES AND APPLICATIONS

DENTIALITY OF· COMMUNICATIONS ANPRECORDS WITHIN RECORDS, IN THE ABSENCE OF' LEGISlATION MAKING THE It .. " THE PROGRAMS, THE. EQUAL PROTECTION IMPLICATIONS OF RECORDS PRIVILEGED, THE DEGREE TO WHICH THEY WILL SCREENING CRITERIA, AND PROCEDURAL DUE PROCESS 1M· BE OPEN TO PUBLIC SCRUTINY WILL TURN ON WHETHER PLICATIONSOF AC:i"iONS TAKEN WITHIN THE PROGRAMS. THE PROGRAMS ARE CONSIDERED STATE AGENCIES. IF MANY STATEMENTS MIGHT BE MADE. DURING MEDIATION SCREENING .cAITERIA FOR DIVERSION .PROGRAMS ARE T0 AND ARBITRATION DiSCUSSIONS THAT COULD LATER MEET THE CONSTITUTIONAL AEQUIREMENT OF EQUAL .PRO· PROVE EMBARRASSING IF NOT OTHERWISE DAMAGING TO TECTION, EACH SCREENING FACTOR SHOULD HAVE SOME THE· PARTIES IN BOTH CIVIL AND CRIMINAL LITIGATION. LOGICAL RELATIONSHIP. TO. THE FURTHERANCE OF THE CONSEQUENTLY, IF THE PARTIES. ARE NOT PROTECTED STATED GOALS OF THE DlVERSION PROGRAM. THE ISSUE FROM THE USE OF SUCH STATEMENTS, THEY MAY BE DIS· OF PROCEDURAL DUE PROCESS ARISES ATTHE CONFLICT COURAGED FROM PARTICIPATING. ALSO, THE RECORDS HEARING AND LATER WHEN REVOCATION AND REFERRAL MAINTAINED BY.THE PROGRAM MAY BE REVEALING WITH BACK TO THE CRIMINAL .COURT IS CONTEMPLATED BE· REGARD TO THE ISSUES J;XPLORED AND RESOLVED EITHER CAUSE OF COMPLAINTS OF NONCOMPLIANCE WITH MEDIA

(".'~, BY THE PARTIES OR .AN ARBITRATOR. SOME PROTECTION TION OR ARBITRATION AGREEMENTS. DUE PR.OCESS AC ,): ( FOR THE ORAL STATEMENTS MADE DURING THE NEGOTIA· TIONS DO NOT APPLY TO .ACTIONS OF PRIVATE AGENCIES TION SESSIONS MIGHT BE FOUND IN THE COMMON LAW EVI· "AND INDIV!DUALS, SO THE STATE DOES NOT HOLD ANy PO· DENTIARY RULE, WHICH GIVES LIMITED PRIVILEGED STATUS TENTIAL FOR DS'RIVIN.G ANY PARTY OF FREEDOM, ~IFE. OR o TO 0 OFFERS OF COMPROMISE. REGARDING WRITTEN PROPERTY. o

, . o

, , 111. ALTERNATIVE METHODS OF DIS.',UTE SElTLEMENT-A SE· KEEPING. REFERRALS ORIGINATE FROM JUDGES AND G LECTED BIBLIOGRAPHY. F. E; A. SANDERandF. E. COURT OFFICIALS,AND PERSONS ARE ELIGIBLE FOR MEDIA· ~-~~Y~P~~~~J!~= , ,_~me~!l..~,~~~~!~tlon Special Comml~ee on TION IF THE DISPUTE INVOLVES TWO OR MORE. IDENTIFIA· . ---. .Resolutlon of .MlnorolspUtes'loVV-.n",S!~~!'~N\Ml',JN~.!.'lf:!cn'~"""==eEE7PAffi--jES-WHO-HAVE"A~Pf'lIOFCF!EtAliONSHI'p'OR-BASIS"'~""C:C--~-""'--~ ',~ DC 20036. 64 p. 1979.. NCJ·65228 FOR NEGOTIATION. THE TRAINING GUIDE BEGINS WITH

,.,' '0'- THIS~AMERICAN BAR ASSOCIATION alBLIOGRAPHY ORGA- Di:FINltIONS OF DISPUTE RESOLUTION METHODS AND A NIZES DOCUMENTS ON ALTERNATIVE DISPUTERESOLUTIONGLOSSARY OF MEDIATiON TERMS ..STEPS IN THE MEDIATION :. BOTH BY METHOD OF DISPUTE PROCESSING AND BY SUB·. HEARING ARE REVIEWED, ACCOMPANIED' BY PROCEDURAL ;, o JECT MATIEROF DISPUTES. THE NEARLY ,BOO JOURNALAR- RULES AND SUGGESTIONS REGARDING THE MEDIATOR'S Q TICLES, PAPERS, BOOKS, AND OTHER DOCUMENTS CITED RESPONSIBILITIES AND BEHAViOR. A DISCUSSION OF MEDIA. WERE GATHERED . INTO THIS BIBLIOGRAPHY FOR USE BY TION TECHNIQUES EMPHASIZES THAT MEDIATORS MUST {, SG-liOLARS, RESEARCHERS, POLlCY ANALYSTS, AND LEGIS· OVERCOME TENDENCIES TO JUDGE OR COUNSEL PARTIES LATIVE AND JUSTICE SYSTEM OFFICIALS. CATEGORIES IN·. ' AND FOCUS ON WAYS TO FACILITATE AN AGREEMENT AC- CLUDE GENERAL ISSUES, BASIe-'AP7.il9rCH~S~TO"RECHAN~~""~ ~' CEPTABLE TO BOTH PARTIES. PROCEDURES THAT MUST BE NELING DISPUTES, SPECIFIC ALTERNATIVE MECHANISMS, IN· FOLLOWED AND SKILLS THAT MUST BE PRACTICED ARE DE. STITUTIONAL APPLICATIONS, SUBJECT MATTER APPLICA~stAIBED, WITH EXAMPLES. FOR THE STEPS IN A' HEARING: o TIONS,EVALUA~9~_"~~[)METt'PP9.~OGY, AND SPI;CIFIC, ;'THE PRELIMINARY CONFERENCE; THE INTRODUCTION AND SYSTEM ST1JDIE,,'uH .REPORTS.AlTAOUGH THE FOCUS IS . PROGRAM EXPLANATION, THE OPENING JOINT SESSION, PRIMARILY ON CIVIL LITIGATION (MANY OF THE DETAILED RECESS PRIVATE SESSIONS WITH DISPUTANTS SETTLE. ISSUES OF CRIMINAL ADJUDICATION ARE AVOID!;!)), THEMENT DiSCUSSIONS. THE WRITTEN AGREEMENT, AND CLOS- DisPOSITION OF LOWER·LEVEL CRIMINAL CAS,ES BY CIVIL 0 ING THE HEARING. THE GUIDE .ALSOADDRESSES SOCIAL ALTERNATIVES SUCH AS NEIGHBORHOOD. JUSTICE CEN- SERVICE NEEDS THAT THE MEDIATOR MAY IDENTIFY IN THE TERS IS A .BASIC CONCERN •. THUS THE DOCUMENTS, THE COURSE OF A HEARING, A LIST OF MEDIATION RESOURCES MAJORITY OF . WHICH WERE PUBLISHED IN THE 1970'S, IN MASSACHUSETTS AND THE NORTHEAST STAT~S IS·Ap. " COVER SMALL CLAIMS AND COMMUNITY COURTS, .LAY TRI· PENDED . ., BUNALS,CONSUMER DISPUTES, MEDICAL MALPRACTICE, NE· .' GOTIATION, ARBITRATION; MEDIATI.ON, AND CONCILIATION, Av.I~llt;; 'C,ime and Justice . FOUndation, 19 Tempie Place, ,I OMBUDSMEN, AND MANY OTHER SUBJECTS RELEVANT TO' "'=13oston, MA 02111. . .. . CIVIL AND. CRIMINAL. DISPUTE~EU!.EM~Nr:";~'~ . . Availability: American 1BOO M Street, NW, . 113. OUT OF COURT-A SIMULATION OF MEDIATION. By E. BarAs~Oclation. aod J;'RIFKIN. Legal Studies Simulations, 42 Elwood Washinlllon, ,DC 20036. ~ATSti Drive, Spnngfield.MA 011 OB. 1982. . .. NCJ·82708 , i 112. MEDIATlON1l1AININGfti/ANUAL Crime and Justice Founda· THIS INSTRUQTIONAL PACKET CONTAINS THE SIMULATION 1 ' tion, 19 Temple Place, Boston,MA 02111. 56p. 1980. MATERIALS FOR OUT-OF-COURTMEOIATION PROCEDURES. . . . NCJ-81592 A STUDENT GUIDE DESCRIBES MEDIATION. EXPLAINING ITS THIS DOCUMENT DESCRIBES THE MEDIATION SERVICES OF· ORIGINS, USE iN OTHER CULTURES. AND THE CURRENT,

',f FERED WITHIN THE BOSTON MUNICIPAL COURTS BY THE NEED FOR DIS.pUTE RESOLUTION PROCEDURES AS ALTERl\ CRIME AND JUSTICE FOUNDATION AND THEN PRESENTS A NATIVES TO THE FORMAL JUDICIAL PROCESS; MEDIATION IS DETAILED GUIDE TO MEDIATION PROCEEDINGS AND TECH· QUICKER AND CHEAPER THAN qOURT PROCEDURE AND NIQUES. F,OLLOWING' A BRIEF HISTORY OF COURT MEDIA· PRESERVES RELATIONSHIPS BETTER THAN COURT ORDERS; TiON PROGRAMS INTH!'; UNITEOSTA'rES, THIS REPORT ALSO, MEDI~TED AGAEEMENTS USUALLYLAST/:.ONGf!R. A SUMMARIZES THE, QRGANliATION OF THE-,30STON COURT SUMMARY 0-1 CHARACTERisTICS OF CAS!':S SUITED!iFOR . SYSTEM AND TYPES OF CASES .EXPECTED. TO ENTER THE MEDIATION .EMPHASIZES THAT THE DISPUTANTS' ON9PING \) MEDIATION PROJECT. 'ALSO REVIEWED ARE REFERRALAND . RELAtiONSHIP IS THE P.RINCIPAL ·INCENTIVE T9 8EifTLE· IN,TAKEPROCEOURES;CASE PREPARATION, THE HEARING, MENT.A olsCUSSlONOF THE. MEDlATOR'S ROLE P01NTS AGReEMENT MONITORING SERVICES, STAFF, AND RECOR!). OUT THE·· NEED TO ACHIEVE IMPARTIAL JUSTICE" WHlu: jJ

44 @ , .45

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'~ TECHNIQUES AND APPLICATIONS 1978 • 1982 TRAINING AND DIRECTORIES

SEEKING A MUTUALLY AGREEABLE, SETTL,EMENT. THE PUTES. IN 1981. NJC CHANGED ITS EMPHASIS FROM A 117. DISPUTE RESOLUTION PROGRAM DIRECTORY, 1983. L. THIS EDITION PROFILES 100 ORGANIZATIONS ACTIVELY EN o RAY, B. DAVIS, M. SHUFFLETON, and A. L CLARE, Eds. PACKET ALSO CONTAINS A DIRECTOR'S MANU~IL, WITH COMMUNITY-BASED DISPUTE RESOLUTION MODEL TO A GAGED IN A VARIETY OF DISPUTE RESOLUTION ACTIVITIES. American Bar AS~l)ciation Spf~cial Committee on Resolution of GENERAL INSTRUCTIONS FOR M/(NAGIN~ THE SIMWLATION, MODEL THAT WILL ACCEPT REFERRALS DIRECTLY FROM THE DIRECTORY INCLUDES ORGANIZATIONS THAT PROVIDE Minor Disputes, 1800, M Stteet, NW, Washington, DC 20036. DIVERSE SPECIALIZED SERVICES. SUCH AS PUBLICATIONS AND A MEDIATOR'S MANUAL, WITH ATiiTUDINAL fiRS FOR THE CRIMINAL JUSTICE SYSTEM. NJC IS. A FREE SERVICE 211 p. 1982. NCJ-89612 MEDIATION AND SIMULATION PERFORMANCE GUiDELINES. AND INFORMATION RESOURCES, DISPUTE RESOLUTION THAT PROVIDES A CONFIDENTIAL AND SIMPLE PROCESS THIS DIRECTORY PROFILES OVER 200 ALTERNATIVE DIS· THE SIMUl.ATION PROCEEDS FROM ANJNTRObUCTORY SES· COURSES AND DEGREE PROGRAMS, TECHNICAL ASSIST FOR RESOLVING DISPUTES. ALTHOUGH PARTICIPATION IS PUTE RESOLUTION PROGRAMS ACROSS THE COUNTRY. THE SION TO A PUBLIC FACT·FII~DING WITH!'BOTH PARTIES, PRI ANCE TO THOSE WHO PROVIDE SERVICES, AND RESEARCH VOLUNTARY, MOST MEDIATlbNS RESULT IN WRITIEN OR FOCUS IS ON PROGRAMS DEALING WITH INTERPERSONAL VATE CAUCUSES WITH EACH PARTY, AND CONTINl,JED AND EVALUATION OF DISPUTE RESOLUTION EFFORTS. EACH VERBAL AGREEMENTS THAT ARE PERFORMED WITHOUT DISPUTES, SUCH AS MARITAL AND CHILD CUSTODY CASES, PUBLIC SESSIONS UNTIL AN AGREEMENT IS REACHED. FiVE ENTRY CONTAINS THE ORGANIZATION'S NAME, WHEN IT ANY PROBLEMS IN OVE;.R 85 PERCENT OF THE CASES. MEDI· LANDLORD·TENANT PROBLEMS, DOMESTIC VIOLENCE, AND CASES ARE PROVIDED FOR' SIMULATION: A WAS FOUNDED, THE ADDRESS AND TELEPHONE NUMBER, ATION IS PROVIDED BY VOLUNT.EER MEDIATORS WHO RE· SMALL MONETARY ~ATIERS. EACH PROGRAM PROFILE, OR· LANDLORD-TENANT DISAGREEMENT, A SCHOOLDISGIPLINE ANNUAL BUDGET AND FUNDING SOURCES, THE DIRECTOR'S GANIZED BY STATE (INCLUDING THE DISTRICT OF COLUM AND VANDALISM INCIDENT, AN INpTANCE OF SPOUSE CEIVE TRAINING AND SUPERVISION BY NJC STAFF. NJC NAME, THE CONTACT PERSON'S NAME, NUMBER OF STAFF, BIA), LISTS TYPES OF CASES HANDLED, REFERRAL ABUSE, A CONFLICT RESULTING IN ASSAULT AND DISOR DOES NOT DEAL WITH SERIOUS CRIMES, CASES Wf1ERE NUMBER OF MEMBERS, OBJECTIVES, INFORMATION RE SOURCES, STAFF AND TRAINING ACTIVITIES, PROGRAM DERLY CONDUCT BETWEEN Two EMPLOYEES, AND A DIS ONE PARTY INSISTS ON COURT ADJUDICATION, CASES SOURCES, AND PUBLICATIONS. APPENDIXES PRESENT PRO PROCEDURES, AND PUBLIC RELATIONS ACTIVITIES. CASE PUTE BETWEEN NEIGHBORS. FOR EACH CASE, tilE-CARDS WHERE THE BASIC PROBLEM APPEARS TO INVOLVE EX~ GRAM CHARTS, A LEXICON, ABOUT 80 SELECTED READINGS, DISPOSITIONS (I.E., THE PERCENT RESOLVED OR PENDING) SUMMARIZE RESPONDENTS' AND cOMPLAINANTS' ROLES. TENDED EMOTIONAL THERAPY FOR AT LEAST .oNE PARTY, AND AN EXPLANATORY DIRECTo.RY FORM. ARE CITED, IF INFORMATION IS AVAILABLE. EACH PROFILE THE COMPLETE PACKET CONTAINS 30 COPIES OF THE STU AND CASES WHERE ONE PARTY DOES NOT CONSENT TO Availability: National Institute for Dispute Resolution, 1901 L ALSO MENTIONS THE COMMUNITY SERVED, THE PRO· DENTS' GUIDE, ONE DIRECTOR'S GUIDE, TWO COPIES OF A ATTEMPT MEDIATION ••THE SEVEN STAGES OF THE MEDIA Street, NW Suite 600, Washington, DC 20036. GRAM'S START-UP DATE, ITS ANNUAL BUDGET AND FUND MEDIATOR'S GUIDE, AND'ONE CARD FOR EACH OF THE 11 TION PROCESS INCLUDE PREPARATION, THE OPENING ING SOURCES, AND ITS ANNUAL CASE LOAD. OVERALL, 50 RESOLVING COMMUNITY CONFLICT-AN ANNOTATED BIB DISPUTANTS' ROLES, 119. STATEMENT BY THE MEDIATOR, THE'~lNITIAL., STATEMENTS PERCENT OF THE PROGRAMS ARE LOCATED IN CITIES OF LIOGRAPHY. By A. O. KILPATRICK. University of Georgia Supplemen~1 Notes: KIT INCLUDES INSTRUCTIONS, FIVE BY THE DISPUTANTS, THE CAUCUS OR INDIVIDUAL INTER Institute of Community and Area Development Publications Pro- CASE DESCRIPTIONS, AND GUIDEBOOKS FOR STUDENTS, DI- MORE THAN 500,000 POPULATION, AND 47 PERCENT HAVE VIEW, THE NEGOTIATION MEETING BETWEEN BOTH PAR· BEEN IN EXISTENCE BETWEEN 2-6 YEARS. SLIGHTLY MORE gram, 300 Old College, Athens, GA 30602. 88 p. 1983. RECTORS, AND MEDIATORS, , NCJ-93777 TIES, THE WRITING OF THE AGREEMENT, AND THE CLOSING THAN HALF HAVE ANNUAL BUDGETS OF BETWEEN $25,000 Availability: Legal Studies Simulations, 42 Elwood Drive, Spring- DEVELOPED TO SERVE AS A!,RESOURCE IN COMMUNITY field, MA 01108. (Kit) , STATEMENT. DETAILED INSTRUCTIONS ARE GIVEN FOR AND $100,000, THE LARGEST PROPORTION IS FUNDED BY CONFLICT MANAGEMENT AND CONFl.ICT RESOLUTION, THIS EACH STAGE. PROCEDURES FOR CRIMINAL CASES AND.FOR LOCAL GOVERNMENT, AND MORE THAN HALF HANDLE LESS DOCUMENT CONTAINS A SELECTED ANNOTATED BIBLlOG· 114_ DIRECTORY' OF PRETRIAL, SERVICES" 198(1-1981. N. CASES INVOLVING SMALL CLAIMS COURT ARE ALSO PRE THAN 500 CASES ANNUALLY. MANY PROGRAMS USE LAY RAPHY OF 156 CITATIONS AND A MULTIDISCIPLINARY BIBLI WAGGNER, Ed. Pretrial Services Resource' Center, 918 F SENTED. A LIST OF TERMS, SAMPLE AGREEMENTS, A DIS· CITIZENS AS MEDIATORS AND RELY ON THE COURTS, Street NW, Suite 500, Washinglon, DC 20004.' 449 p, 1981. OGRAPHY OF MORE THAN 620 CITATIONS AS ASPECTS OF CUSSION OF COMMUNICATION. TECHNIQUES, AND STATIS .JUDGES, AND CLERKS FOR MOST CASE REFERRALS. EIGHT CONFLICT. THE FIRST SECTION-THE ANNOTATED BIBLlOG • NCJ-821G1 PROGRAMS IN CANADA ARE ALSO PROFILED. APPENDIXES TICS ON THE USE OF NJC ARE PROVIDED. 'RAPHY-IS ORGANIZED ALPHABETICALLY AND CATALOGED THIS DIRECTORY PROVIDES MORE THAN 1,01}0 ,INFORMA LIST DISPUTE RESOLUTION RESOURCES. FAMILY AND ENVI TION OUTLINES or- PRETRIAL SERVICES PROGRAMS-RE Sponsoring Agency: US Department of Justice National Institute RONMENTAL DISPUTE CENTERS, AMERICAN ARBITRATION IN MATRIXES. AMONG THE PUBLICATIONS ARE REPORTS OF LEASE, DIVERSICjN, MEDIATION ARBITRATION, TREATMENT of Justice, 633 Indiana Avenue NW, Washington, DC 20531. ASSOCIATION CENTERS, AND CONSUMER DISPUTE CEN APPLICATIONS OF NEW OR DIFFERENT METHODS TO RE " . ALTERNATIVES TO STREET, CRIME (TA$C)-IN THE 50 TERS. AN INDEX TO PROGRAMS IS APPENDED. SOLVE DISPUTES AND POSSIBLE AREAS FOR FUTURE USE STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO. AND RESEARCH. MOST PUBLICATIONS ARE DATED FROM 116. MEDIATION PRIMER-A TRAINING GUIDE FOR MEDIATORS AgencIes: 3M Corporation, 3M Center, Sl Paul, MN Sp~nsorlng 1974, BUT IMPORTANT EARLIER WORKS ARE ALSO INCLUD DATA OUTLINED FOR EACH PROGRAM INCLUDE PROGRAM IN THE CRIMINAL JUSTICE SYSTEM. By D. E. PEACHEY, B. 55101; TRW Foundation, 23555 Euclid Avenue, Cleveland, OH ED. PUBLICATIONS INCLUDE BOOKS, U>.W REVIEW ARTICLES, TYPE, STAFFING, BUDGET, INTERAGENCY AGREEMENTS, AU SNYDER, and A. 'll:ICHROEB. Community Justice loitlatives of 44117; American Bar j~ssoclation Litigation Section, 1800 M THORIZATION, LOCUS OF RESPONSIBLlTY, PRIMARY SJ:RV Waterloo Re.slon, 27 Roy Street, Kitchener, Ontarioi' C~nada N2H Street NW, Washington, DC 20036. GOVERNMENT DOCUMENTS, MONOGRAPHS, AND PROFES SIONAL JOURNAL ARTICLES. THE SECOND SECTION-THE ICE AREA AND TARGET GROUPS, CLIENT DATA, ELlGII31L1TY 4B4. 84 p. 1983. NCJ·88S94 Availability: American Bar Association Special Committee on Ras AND,£XCLUSION CRITERIA, AND REFERRAL AND SELECTION MULTIDISCIPLINARY BIBLIOGRAPHY -EMPHASIZEB WORKS THIS MANUAL GIVES LAY OR,VOLUNiEER MEDIATORS IN olution of Minor Disputes, 1800 M Street, NW, Washington. DC PROCEDURES_ INFORMATION UNIQUE TO INDIVIDUAL PRO 20036. PUBLISHED SINCE 1974, BUT INCLUDES. KEY WORKS FROM DiSPUTE . RESOL.,UTION PROGRAMS' AND IN GRAMS IS ALSO INCLUDED-OUTLINES F0R PROGRAMS PRO- EARLIER YEARS AS WELL (AUTHOR SUMMARY MODIFIED) . VICTIM·OFFEND'ZR RECONCILIATION PROGRAMS A GENERAL \,VIDING A RELEASE SERVICE (WHETHER RELEASE RECOM 118. DISPUTE RESOLUTION RESOURCE DIRECTORY. National Avallablll1y: University of Georgia Institute of Community and Area ME(:>J,DATIONS,INFORMATION TO THE COURT, OR BAIL RE CONCEPTUAL ONDERSTANDING OF MEDIATION, AS WELL AS Institute for Dispute Resolution, 1901 L Street. NW Suite 600, Development Publications Program, 399 Old College, Athens, GA DUCTION FUNDING) DISCUSS EACH ,PROGRAM'S AUTHORITY EXPOSURE TO SPECIFIC STRATEGIES OF PRACTICAL USE IN Washington, DC 20036;, 129 p. 1984. NCJ-92819 30602. . TO RELEA,SE BEFORE COURT APPEARANCE, TYPES OF REC. MEDIATING CONFLICT AT BOTH PRETRIAL AND POSTIRIAL OMMENDATIONS, ACTIONS TAKEN AT FAILURE-TO-APPEAR, STAGES OF CRIMINAL AND CIVIL COMPLAINTS. BACK AND FAILURE-TO-APPEAR AND REARREST RATES. DESCRIP GROUND INFORMfi;nONFOCU$ES ON HOW THE APVERSARY TIONS OF ADULT DIVERSION PROGRN'!S COVER DIVERSION APPROACH USE;D IN AMERICAN AND CANAPJAN COURTS PERIOD, DEFENSE ATIORNEY INVOLVEMENT, AND SUC HANDLES CONFLICT, POINTING. OUT THE LAWS'LiMITATIONS CESSFUL COMPLETION. OUTLINES FOR MEDIATION, ARBI IN DEALING WITH INTERPERSONAL CONFLICT. THE REPORT TRATION, AND DISPUTE REl>OLUTIOt1jSERVICESNOTE SPE SHOWS HOW MEDIATION DIFFERS FROM ARBITRATION AND CIFIC APPROACHES FOR' RESOLVING DISPUTES, WHILE ADJUDICATION AND INDICATES IN WHAT r'fPES OF SITUA THOSE; FOR TASC PROGRAMS DISCUSS DIAGNOSIS ME:CHA TIONS MEDIATION IS PREFERABLE. THE MEDIATOR'S FUNC NISMS AND CRITERIA FOR SUCCESS. MAPS IDENTIFY PRO "TIONS ARE DISCUSSED (I,E" INSTILLING MOTIVATION, REGU GRAM LOCATIONS WITHIN STATES. AN INDEX IS PROVIDED. LATING INTERACTION BETWEEN PARTIES, AIDING COMMUNI Supplemental Notes: LlMITEO QUANTITY AVAILABLE FROM CATION, AND MONITORING), AS ARE WAYS OF EXERTING PRETRIAL SERVICES RESOURCE CENTER. CONTROL OYER THE MEDIATION PROCESS., SPECIFIC GUIDE· Availability: Pretrial Services Resource Center, 9181" Street NW. Suite 500, Washington, DC 20004: National ,Institute of ,justice LINES FOR CONDUCTING A MEDIATlONEMPHI\SIZE PRACTI· National Criminal Jus~ce Re'erfm~e Service Microfiche Program. CAL SKILLS IN K)ENTIFYING ISSUES, NEGOTIATING, BUILD· 4 ' ING AN AGREEMENT, ANnR~IEWING THE PROCESS. EF US. NEIGHBORHOOD .JUSTICE CENtEf1~TRAINitiG )~ANUAL FECTIVE COMMUNICATION TECHNIQUES ARE ESPECIAI-LY . FQR' MEDiATORS. BY' L, eURTON. Nelgl;lbomood Justice IMPORTANT HERE. CHAPTER REFERENCE NOTES AND AP~ Center, 1320 Santa Mall, Santa Monica, CA 90401.84 p. Monl~ PENDIXES PRESENTING~AMPLE AGREEMENTS, 13 ReFER· NCJ.B3719 ENCES, AND A DISCUSSION OF LEGAL ISSUES RELATED TO THIS TRAINING MANUAL PESCRIBES THE PROCEPURES TO PRETRIAL MEDIATION IN CANADA ARE INCLUDED. , BI:;., USED BY VOLUNTEERS WHO MEDIATE DISPUTES I Ij THROUGH THE LOS ANGELES NEIGHBORHOOD JUSTICE' Sponsoring . Agency; . Canada Solfcllor II Genetal Consultation Cr;NTER (NJC), A PAOGAAM SPONSORr:D BY TH.ELOS ANGE. Center, Ottawa, Qntarlo,Camlda KiA, oPe, . 'C LES COUNTY BAR. ASSOCIA'rJON TO PROVIDE/ALTERNATIVE Av~li.blllty: Community JUl)llce loltiatives of Waterloo Regicmf27 DISPUTE SETTLEt1t~~tOR "BOTI-I CIVIl., AN!;l'CBIMINt\L DIS- Roy Street, Kltchener, Ontario, Canada N2H 484.' . J , \ 46 47

.,'{

'> \ « .-==---=

[;

SUBJECT INDEX

Ccurt of IImlt~ Jurisdiction 33 " Georgia 27, 37, 65 A Court personnel 76,77,76 German Democ.l1ItlcRepu·bllc 35 Court reform 11, 5B, 63 Grant.s or contracts B9, 90 o Accell to legal inforinatlon 39, 106 Court reorganization 2. 8, 61, 63 Alternatives to institutionalization 8, 70, 72 . Court structure 63 COllrt system 5f \ H Amencan Arbitration Anoclatlon 3 Crime rates 94 Appellate courts 63 Criminal Justice education 39 Hllwallan Islands 108 Audiovisual aids 73 Criminal proceedings 8 Hispano Americans 71 Crisis Intervention 64 Homicide 71 B o Bibliographies 111 o Dangerousness 32 illinois 36, 54 Decriminalization 8 Inmate grievances 79" c Delaware 49,10B Inmate lawsuits 10 ~1 California 27, 29, 37, 60, 62, 64, 65; 71 91, Department ofTransportation 81 Inmate unions 79 105,10B, 115 . . . , Designated judges 105 Interagency cooperation 72 Canada 16,82,117 Disposition 64 Interpersonal relations 117 I Caseload managemen~ 49 Dlverslonprograms 7; 16, 114 Iowa 97,108 Caaeloads 65 Domestic alllult 52, 64 Islamic Republic of Pakistan 35 Child custody 50, 52 Domestrc reiatlons 54 1 Citizen aides 56 CItizen gdevances 43 J Citizen aatisfactlon 51 E Civil commitment' '.32 Judge censUre and removal .63 Economic analysis /1 / I Civil proceedings 8, 55, 58,59, 62 Judge selection 630.5 Economic Influenc:e8 1,82 Civil remedlea 8, 20, 34,55, 5B Judlclal,conduct and ;6;3. 105 Employee grievances 83, 8B, 89. 96 '~f'ca Clearance ratea >; 94 Judicial councils 81ld ClDnferences 11 Employ,r-employee relatlona 85,90 Collective bargaining 95, 9B Judicial discretion 63. 64 . Employment 89 Colorado 45, 1DB. Judicial diversion 33, 111 Commonwealth of .Australla40 England 57 " Environmental laws 4!l. 111 Jurisdiction 1. 04 Commonwealth of Puerto Rico 114 JUry declalonmaklng 32 , . ~. Ie Commllnlty-baaed corrections (Juv) 70 Equal protection of the laws 6•. 11 0 Evaluative research 55" Jury q"orutnrule 109 . Com",unlty conflict 43,101.102,119 , Jury sel.ctlon '109 ' < Cornmullity Involvement 35,56 .j; Ju.,y Ilze.cha'hg.. 109 '.' Community RelatlOna Service 43, 6B F JuvenIle adjudication ,,49 Commutllty resourcel37, 101, 102 Juvenile arbitration 69 l COmmunity service progra",1 75' /) Family courta 2.49. 51, 111 Juvenile cQrrectlonl' 75 o Comparative inalYlls 51, 55 Family crisis Intervention unlta 49 . Juvenile court diversion 411. 70, 73 Conllre.. lo"al publlcatlona 4,104 FamIly oiten.ea 64 ' Juvenile court Intake 72 COnnecticut 10,60, 78,.10B Federal Code 4B Juvlnlle court proceduras , 73 ConlUm.er protection 20 Federal courts 104 Juvenile ,delinquency prevention 73. c Conaumera 111 .. Federal Government . 46,41,95 Juvenile dependallcY lind neglect 73 Continuance 61 Federal law violation' 96 Juve"lIe ~'veralonprQgrams' 69 CC)frectlonallniltltutlons (Jl!venlie) 72 Flnanclalmanagemitnt 81 Correctlolls IInlons 92 c, 'I Juvenlll gangs 71 Firefighter, '89 Juvenile JUlltlce systemO 13 COlt benlflt analYal, 68 Florid, 65. B9.108 o Jllvenlie protlatlon 73 Costa 33 . Fringe benefllil 94. Court-admlnlstlred arbitration 99 JuvenUeprocIIsl"g 73. 74 Court ClM flow managemlnt 51),61,64 Juvenile program voluntee"" 72 Court costs 68 G JUvl'/nlll! restitution ,,72, " Juvenile statUi offlnelli's 51" Court delays &1 !~ O. Court mln'gement 58, 1:)3, 77 OlneralAccountlng OHlce81, 83 " Ju~~nlle St.tlll oHenlls 70

49 .If hl!.lnli '"

"u", ..

SOBJECTINDEX

'I Juvenile treatment methods 72 Ohio 97,106,108 1/ Juveniles In adult facilities 73 Oklahoma 108 s Ombudsmen 9,15,44,111 Self·help pr,ograms 39 Operating coats 65 SentenCing 35 K Organization devel.opment 41 Separatl!)n of powers 81 i) KentuckY 66 Sex offenders 32 p .Slmulation 84,113 Smallclslms courts 4, 20, 36, 56, 65, 1Cl1, AUTHOR INDEX L Papua New Guinea 35 102,111 Participatory management 100 State-by·stateanalyses 114, 117 Labor relations 76, 77, 78, 79, 80, 82,83, State courts 61 134,85,86,87,91,92,93,95,97,98,111 Pay rates 89, 94 Law reform 8, 57 Penns)!lvanla 60, 97 State Judicial Conduct Commlaslona 63 Lawsuits 1 Peoples. Republic of China 35 State laws W8 Lay Judges 56 Plea negotlaUons 73 Status offender diversion 51, 52, 53, 70 Lay representation 39 Police attitudes 85 Statute of IImltatl!'ms107 'Learning disabilities 73 Police civilian employees 94 Strlkes 85,92,94,98 Succesls factors 53 Legalfees .68 Police diversion 33 c Legal privac:Y-protection 106 Police internal organizations 85 LANSFORD, H. 45 Legal research 39 Police legal limltstions 85 A F LEWIS, W. C. 91 legislation 4, 101, 104 Police management 87, 90, 91 T L1BSITT, P. D. 32 ABRAMS, R. I. 93 FEELEY, M. M. 37 Local government 45, 72, 86 Police personnel 89 LIND, E. A. 50, 60 ADAMS,J. 86 FELSTINER, W. L F. 33 Police unions 80, 82, 84, '85, 86, 87, 88, TASC p~ograms (street ~me) ~14 LIPSON, A. J. 62 90,91,94 Testimony 104 ALPER, B. S. 35 FEUILLE, P. 94 M Policy analysis 23 Texas80,i08 ANDERSON,A.K. 67 FITZGERALD, J. 26 Pretrial hearings 61 Torts 55 ASPLER, C. 12 FORBES, F. S. 103 M Magistrates 104 Pretrial procedures 61 Training manuals 134, 112 FRANCIS, K. L 91 FRANK,G.B. 100 Maine 56,65 Pretrial programs 114 Tribal court systllm 102 MCCARTHY, J. J. 38 Marital problems 52 Pretrial release 114 B FREEDMAN,L 108 MCGILLIS, D. 25, g8, 30, 65 Maryland 69 • FRIEDMAN, E. P. 106 MCGINNESS, R. E. 107 Prisoners, rights 79 BELL, D. J. 87 MANASSE,S. C. 49 Massachusetts 14,19,33,37,77,78,107 Privileged communications 32,106,107, u BERG, J •. S. 77 110 Mediation training 19,21, 52, 54 BERTRAND, F. 16 G MARTIN, J. A. 59 Medical malpractice 111 Pro se defense 39 Union of Soviet Socialist Re~ublics 35 BLEW, C. H. 69 MELTON, G. B. 50 Medicolegal considerations 32 Probation or paroledeclslonmaklng 32 Unions 76,77,78,79,81,96 BLOCK, J. 51 GERHART, P. F. 97 MORRIS, M. 53 Mentallylll offenders 32 Probation or parole officers 12 United States of America 35,117 BURPO, J. H. 80 GETMAN, J. G. 79 MORSE,.M. J. 90 Mentally retarded offenders 73 Procedure minuals 41 US Postal Service 83 BURTON, L. 115 GOLD.fRA"K, W. 109 Mexico 35 Productivity 81 /] BUSH,N. 109 GOOLKASIAN, G. A. 65 Michigan 97,108 ~\ Program evaluation 27, 40, 49, 62 GORMAN, J. 41 N Minnesota 64,100,108 U Program planning 65 v ,GREASON, A. L 56 Minorities 43 NAJITA, J. M. 98 ProSecutorial discretion 64 c GREENFIELD, M.' 109 Miranda rights 32 Prosecutorlal diversion 33, 61 Victim attitudes 64 G Nf.JELSKI, P. 24, 102 Missouri' 27,37,78 Paychologlcal research .32 Victim compenaatlon 35 CARNDUFF, S. B. 46 NICHOLS, LT. 35 Model programs 20 Public administratIon 46,84 Violence 71 CHAPMAN, J. 91 NOLAN,D.R. 93 Models 1 Violent crimes 64 CHRISTIAN, T. F. 22 Municipal courts 61 Volr.dlre 109 CINQUEGRANA, R. J. 107 HANSON, R. A. 10 Municipal ordinances 48 R VolUnteer programs 41,72 CLARE, A; L 117 HARRINGTON, C. B. 34 o COLE, G. F. .10 HENDRICKS, W, 94 Volunteenralnlng 41,115 OLSON, C. A.W3 Racial discrimination 68 COOK, R. F. ~7 HENSLER, D. R. 62 Rape victim shield lawa 32 COOKE, L H. 8, 13 ;.,. N HOROWITZ, R. 52 Regulatory agencies 47 CRAWFORD, V. p. 99 p Nebraska 103 Republic of Cuba 35 w ,Needs aaaeaament41 Republic of India 35 Wales 57 J PALENSKI, J. 42 NeIghborhood Justice ,centers 2, 3, 4, 9, Republic of the Philippines 35 Washington 76 D "13,14,22, 26,27, 28, 30,31,32, 33, 34, 35, PEACHEY,D.E. 116 Restitution 35, 75 Western Europe 35 JACKSON, R. L 82 36,37,40,41,42,69,74,101,102,111, DAVIDSON; H. 52 PEARSON, J. 18 117 R.stltutlon progrems 75 Wlaconsln 97 JACOBS, J. B. 92 Q,WIS,A. 19 PICK" G. tli:l New Jersey 78 Retallbusln." crimea 8 Work loads 81 DAVIS, B. 117 'POMPA, <.i<,::R. 43 .,. "New Yclrk 31, 37, 51, 59, 64, 65, 78, 92, flight of privacy 6 Workshops and seminars 73, 75 POSNER;'R. A. 1 ,," n 97,108 DAVIS, J •. ·C. , III 95 K Right to 'Counsel 107 PROTNING, J. E. .97 North'Carollr.a64; 108 Right to due procesa of law 6,32,107, DEJONG, W. 65 110 DELANEY,J. T. 94 KATSH, E•. 113 y l ~ DENENBERG,R.V, 9,15 KEETON, A,·E. 55 Right to treatment 32 R ~ Right to trial by Jury 109 Youth alivocates 72 DENENBERG, T. S. 9,15 !(EMPF, J,. 611, o DICKINS, R, 26 KENNEDY, W. J; D. 45. i * Rights of minors 73 Youth develOPment 71 RALPH, E. S. . 62 DOWNIE, B. M. 82 KILPATRICK, A.,O., 119. Occupati~nllil aafety and health 96 .Role playing 84 YOllth Services Bllr•• U 72 RAY, L. 20,'24,52,108, 117 DUBOIS, P.L. 11,63 KOWALEWSKI, J.E. ~2 \;'i RAY, L E. J4' DURAN, .R. M. 96 KREGER. B.. 51 ! o KRITZER, H. M. 67 RICE,P. 11'0 R!CE, P:~,6 E RICHARDSON, C. 72 i-' RIFKIN, J. _'113 • t ~ EBENER, p, A. 61 , RIFKIN, J;M.. "14

f.,.', ROEHL, J. A. .27 , II EMRICH, W. M. 47 LAEMMLE,p. G,,':ei:l o ESENSTEN,T.C. 91 ~N~ES, W;'t, 1 . ;::ROSANOVA, M. J. 54'

o ~] .' 50 51

______-'-_-'--'- _____--'-' ______~_~~,,~,.~_~_'____c ..__ -_.'"'__' o

".:::",~A..:.. ~ \ _1m<¢_.?!'F' ;;:.~ ~

.AUTHOR INDEX

'<"c-.,__ ROSENBLUM, II, 69 SKURIS, S. J.. 70 VORENBERG, E.W. 74 ~'mJ"NKA, J. C; 59 SMITH, B. E. 64 RUk'-L, J. R. 46 SMOLOYER, D. 20 . RYNECK~cS.,,-Q:~90 SNYDER, a 116 w .""~~ STERN, J. L 98 STEYN,J. 57 WAGONER, N. 114 STIEBER, C. . 44 WARD,S. 91 Q sUGRUE, N. ... 42 WAR"AN,J. Y. .29 TITL'E INDEX SALERNO, C. A. 85 '. " SYIRIDOFF, ... 5,7 WARNER, R. 39' SALES, B. D. 32 , .•<':~~~~R, F. E, 'I H WEBER, P.J. 66 SALTAREW, D.J. B6 SANDER, F.E. A. 1'11 WEiNsTEIN, D; ]8 WEIS, R. . 66 ~~ s,'PP, A..D. BB T WEISBERGER, J. 11.;98 SARAT.~~8 TEICHROEB, A. 116 SAWYER; J. """"'1~", WELLER, S. 59 THAYER, C.R. 86 . WEX, J. H. 76 SCHULMAN, J. i('9"-"'~ TOMASIC, R. 37 SEIIELSBERGER, F. 86'''' TORRES,'D. ".71 WILLIAMS. L A. 33 SHAPARD, J. E. 60 o SHEPPARD,D.L 27 1983,. BY JAMES B. JACOBS--SEE NCJ- DISPUTE RESOLUTION-SETTLING CON- SHUFFLETON,M. 117 A 90529). 92 FLICTS WITHOUT LEGAL ACTION 9 v z COLLECTIVE BARGAINING FOR COURT DISPUTE RESOLUTION,-SETTLING CON- SILBERT, +~ .10 . ADJUDICATION AS A PRIVATE GOOD 1 PERSONNEL IN MASSACHUSETTS 77 FLICTS WITHOUT LEGAL ACTION, 15 ~"'.,W'"'_~'''' L R; ,·2 YOLPE,". R. 2? ZI ....ER. L 92 ALTERNATIVE DISPUTE RESOLUTION- COLLECTIVE BARGAINING IN THE JUDICIAL DISPUTING IN LEGAL AND NONLEGAL CON FROM A LEGAL SERVICES PERSPECTIVE, BRANCH-CURRENT LEGAL DEVELOP TEXTS....;SOME QUESTIONS FOR SOCI- . FROM A NATIONAL PERSPECTIVE 14 MENTS ·.18 OLOGISTS OF LAW" ,26 ' ALTERNATIVE DISPUTE RESOLUTION- COLLECTIVE BARGAINING-PERSPECTIVE WHO'S IN CHARGE OF MEDIATION? 17 .FORTHE 1980'S 87 ALTERNATIVE ENVIRONMENTAL MEDIA COMMUNITY ARBITRATION PROJECT TIONSTRUCTURES WITHIN THE FEDER ANNE ARUNDEL COUNTY, MARYLAND E 69 AL GOVERNMENT~FINAL REPORT 46 EMPLOYER'S DILEMMA-THE IMPLlCA ALTERNATIVE MEANS OF FAMILY DISPUTE COMMUNITY JUSTICE CENTRES-PRO, RESOLUTION .. 52 CEEDINGS OF A SEMINAR. '" 40 , TIONS OF OCCUPATIONAL SAFETY AND HEALTH"IN THE ARBITRAL PROCESS ALTERNATIVE METHODS. OF DISPUTE SET COMMUNITY MEDIATION IN DOtlCHESTER, CONFLICTING CONTRACTUAL AND .sTAT· TLEMENTc-A SELECTED 8IBLlOGRA MASSACHUSETTS 33 PHY . . 111 COMMUNITY RELATIONS SERVICE- UTORY COMMANDS .96 • EVALUATION OF ALTERNATIVES TO COURT ALTERNATIVES TO JUVENILE JUSTICE FOR PUBLIC SECTOR MEDIATION AND caN ADJUDICATION 18 . COUNTY GOVERNMeNTS, VOLUME 1 CILIATION QF'tlACIAL DISPJ,JTES' ,43. 72 CONFLICT AND COOPERATION IN POLICE EVALUATIONO~ COURT-ANNEXED ARBI TRATI.ON IN THREE FEDERAL .DISTRICT ALTERNATIVES TO LITIGATION ANDADJU LABOUR RELATIONS~THE PROCEED' COURTS 60 DICATION-A. CONFERENCE HELD IN INGS OF A SYMPOSIUM ON CANADIAN EVAUJATION OF THE PILOT PROJECT ON q g MADISON, WISCONSIN, DECEMBER 8, POl-ICE LABOUR RELATIONS, HELD AT COURT-REFERRED ,MEDIATION 68 1~8 ~U THE CANADIAN POLICE COLLE;GE, EXTENT AND NATURE OF 'COLLECTIVE AMERICAN LABOR. ,~RBITRATlgN""':THE OTTAWA, CANADA, DECEMBER 4-7, EARLY YEARS " 93 1978 82 BARGAINING OF COUAT EMPLOYEES IN ANALYSIS. OF JUDICIALREFORM 63 CONRAIL'S ATTEMPTS TO. CONTROL. THE STATES 76 ARBITRATION ALTEflNATIVE-A COMPARA LABOR COSTS AND IMPROVE ITS LABOR TIVE ANALYSIS OF CASE PROCESSING PRODUCTIVITY . . 81. liME, DISPOSITION MODE, AND COST IN CONSUMER DISPUTE., RESOLl)TION....,EX- F THEAMEfllCAN ARBITRATION ASSOCIA PLORING THE ALTERNATIVES 20 TION AND THE COURTS ' 67 COURT EFFORTS TO REDUCE PRETRIAL FEDERAL MAGiSTRATES ACT OF 1979, S ARBITRATION AND CONFLICT RESOLUTION bELAY -A NATIONAL INVENTORY . . 61 237 (HE'ARING BEFORE THE SUBCOMMIT IN LAaOR-MANAGEMENJ BARGAINING CRIMINAL, JUSTICE HUMAN RESOURcl:s TEE ON IMPROVEMENTS IN JUDICIAL MA 99 PLANNING PROJECT, VOLUME 4-AN EX CHINERY, ,96THCQNGAESS, 1ST SES-. PLORATORY AND DESCRIPTIVE ANALY ARBiTRATION AND THE COURTS-ARBI SION, MARCH. 30,1979) 104 'I TRATION SYSTEMS IN I:NGLAND AND SIS OF GRI,EVANCE PROCEDURES ·IN FOR, TROUBLED YOUTH-HELP, NOT LAW ENFORCEMENT COLLECTIVE BAR- WALES 57 " GAINING . .,. 88 JAIL 70 ARBITRATION OF SMALL BUSINESS DIS PUTES"'-THE POTENTIAL FORNEBRAS· M W3 G ART .oF' NEGOTIATION 12

, [) 0'·, GANG VIOLENCE REDUCTION PROJECT~ DELAWARE-:-FAMILY COURT ARBITRATION .4TH EilALUATION REPORT, JULY 1979- B UNIT-'THE FAMILY COURT, A PROJECT JUNE 1980 7.1 EVALUATION 49 GO-BETWEEN-MEDIATORS AT NEIGHBOR ~EYOND tHE COURTROOM-PROGRAMS DIRECTQRY OF PRETRIAL SERVICJ;:S, 1980- HOOD JUSTICE CENTERS RESOLVE Dis- IN COMMU' '1981 114 PUTES WITHOUT ASSIGNING GUILT 3.6,,," ' ' REsoi.UTl(:~~~TY JUSTICE AND CONFLICT DISPUTE MEDIATION-EVALUATING THE 0' 35.~ CO~RT-SPONSORED MODEL (FROM PRE- TR.IAL SERVICES .ANNUAL JOURNAL, VOLUME 5, P 116-133, .1982, ELIZABETH o GAYNES, ,ED.-SEE NCJ-89690) ,66 DISPUTE RESOLUTION ACT -AMEND- HIGHWAYS AND BYWAYS OF LEGAl RESO- CALIFORNIA RENT-A-JUDGE EXPERI- MENT . 101 . LUTION 8 , .~ I MENT~CONSTITUTIONALAND POLICY DISPUTE RESOl-UTION· PflOGRAM DIREC- HOW TO ORGANIZE' A NEIGHI;lORHOOD ME, CONSIDERATIONS .oF PAY-AS-YOU-GO TORY,1983 '117 DIATION SERVICE~A HANDBOOK FOR o COURTS .... 1(15 OISPUTERESOLUTION. RESOURCE DIRE~ cOMMUNITY COUNCILS, VOLUNTEERS, COLLECTIVE BARGAINING AND LABOR TORY '111 AND COMMUNITY ORGANIZERS 41 UNREST (FROM NEW PERSPECTIVES ON DISPUTE RESOLUTION-SEEKING JUSTiCE HUMANISTS AS MEDIATORS_AN' EXPERI- PRISONS AND IMPFIISONMENT, P142-159, OUTSIDE THE QOURTRooM 3J MENT IN THE; COURTS OF MAINE 56

53 . Q 52 .. ;...... ',.

TITLE INPEX v VOLUNTARINESS, CONSENT AND COER· CION IN ADJUDICATING MINOR DIS· NEIGHBORHOOD JUSTICE-ASSESSMENT MITTEEON' COURTS, CIVIL LIBERTIES, PUTES-THE NEIGHBORHOOD ~USTICE OF AN EMERGING IDEA 37 AND THE ADMINISTRATION OF JUSTICE CENTER (FROM POLICY IMPLEMENTA· NEIGHBORHOOD JUSTICE CENTER- AND SUBCOMMITTEE ON CONSUMER TION, 1980, P 131·158, JOHN BRIGHAM illMPACT OF COW:CTIVE BARGAINING AND TRAINING MANUAL FOR MEDIATORS 115 PROTECTION AND FINANCE, 96TH CON· INTEREST ARBITRATION ON POLICING NEIGHBORHOOD JUSTICE CENTERS 28 GRESS, FIRST SESSION 4 AND DON W, BROWN, ED.-SEE NCJ· FINAL REPORT 94 NEIGHBORHOOD JUSTICE CENTERS AND RESOLVING CAMPUS DISPUTES-NOTES 74975) 34 IMPROVED GRIEVANCE·ARBITRATION THE MEDIATION 01= HOUSING·RELATED OF A UNIVERSITY OMBUDSMAN 44 SYSTEM-A KEY TO BETTER LABOR RE· ,.. DISPUTES 30 RESOLVING COMMUNITY CONFLICT-AN LATIONS IN THE POSTAL SERVICE 83 NEIGHBORHOOD JUSTICE CENTERS FIELD ANNOTATED BIBLIOGRAPHY 119 TEST-FINAL EVALUATION REPORT-EX- RESTITUTION PROGRAMS IN JUVENILE w ECUTIVE SUMMARY.. 27 AND FAMILY COURT 75 J NEW APPROACHES TO MANAGING ENVI ROCHESTER· ANSWER TO COURT BACK· WHAT'S NEW IN DISPUTE RESOLUTION 7 RONMENTAL CONFLICT -HOW CAN THE LOGS 59 JOINT LABOR·MANAGEMENT COMMIT· FEDERAL GOVERNMENT USE THEM? ROLE OF COURTS AND THE LOGIC OF TEES-A FORUM FOR INNOVATIVE DIS· 47 COURT REFORM-NOTES ON THE JUS. PUTE RESOLUTION 100 NEW DIRECTIONS IN PSYCHOLEGAL RE· TICE DEPARTMENT'S APPROACH TO 1M· JUDICIAL ARBITRATION IN CALIFORNIA- SEARCH 32 PROVING JUSTICE 58 THE FIRST YEAR 62 NINETEEN EIGHTY DISPUTE RESOLUTION ACT 102 NO NONSENSE BARGAINING CAN WORK L 86 NON-STRANGER VIOLENCE-THE CRIMI- s LABOR ARBITRATION AND DISPUTE RESO- NAL COURT'S RESPONSE . 64 LUTION 79 NONJUDICIAL DISPUTE RESOLUTION SIX STATE STUDY OF IMPASSE PROCE- LEGAL IMPLICATIONS OF THE MEDIATION MECHANISMS-THE EFFECT ON JUSTICE DURES IN THE PUBLIC SECTOR 97 ARBITRATION ALTERNATIVE TO CONVEN· FOR THE POOR 2 STALEMATE-A POLICE COLLECTIVE BAR- TIONAL CRIMINAL ADJUDICATION (FROM GAINING GAME 84 ALTERNATIVES TO LITIGATION AND AD· STATE LEGISLATION ON DISPUTERESOLU· JUDICATION, P 42·58, 1982-SEE NCJ· TION 108 91480) . 110 STATE OF THE ART -ALTERNATIVES. TO LEGAL ISSUES ARISING IN MEDIATION. o COURT AND TRIAL (FROM IMPROVEMENT THE BOSTON MUNICIPAL COURT MEDIA· OF THE ADMINISTRATION OF JUSTICE, P u TlON PROGRAM 107 OUT OF COURT....,A SIMULATION OF MEDIA· 263·281,1981, FANNIEJ.KLEIN, ED.-SEE TION 113 NCJ·93134) . 24 STATE OF THE ART SURVEY OF DISPUTE M RESOLUTION PROGRAMS INVOLVING JU· p VENILES 74 MANAGER'S GUIDE AND PROGRAM EVAL· STRIKES AND STRIKE PENALTIES IN THE UATION OF ARBITRATION IN. THE FEDER· PUBLIC SECTOR 9~, PARENT-CHILD MEDIATION-AN ALTERNA· ALSECTOR 95 STUDY OF POLICE MANAGEMENT LABOR TIVE THAT WORKS 53 MEDIATION •. , AN ALTERNATIVE THAT RELATIONS IN LOS'ANGELES COUNTY WORKS 19 PATHS TO JUSTICE-MAJOR PUBLIC - ,~ FINAL REPORT 91 ~~MEDIATION-A BOON to COURTS. AND POLICY ISSUES OF DISPUTERESOLU· SUBPR.OCESSES OF NEGOTIATION-THE CITIZENS. 13 TION 23 CASE OF COMMUNITY MEDIAnON (FROM MEDIATION-AN ALTERNATIVE FOR PINS PEOPLE'S .LAW REVIEW 39 PRETRIAL 'SERVICES ANNUAL JOURNAL, (PERSONS IN NEED OF SUPERVISION) POLICE AND FIREFIGHTER COLLECTIVE VOLUME 5, P 134-149, ,1,982, ELIZABETH A RESEARCH REPORT OF THE CHIL BARGAINING IN FLORIDA 89 GAYNES, ED;~SEE'NCJ:a9690r'~ .... 42 DREN'S AID SOCIETY'S PINS MEDIATION POLICE AT THE BARGAINING TABLE 85 (NY) COMMUNITY MEDI· PROJECT 51 POLICE COLLECTIVE BARGAINING AGREE~ SUFFOLK COUI'!TV ATION !?VALUATION MEDIATION AND ARBITRATION AS A CIVIL MENTS-A NATIONAL MANAGEMENT CE:1~TER-AN ALTERNATIVE TO THE CRIMINAL JUSTICE SURVEY (REVISED AND EXPANDED EDI. REPORT ... .31 ',i, ~ SYMPOSIUM ON JUQICIAL REFORM 11 ,; SYSTEM~AN OVERVIEW AND LEGAL TION) 90 ANALYSIS 6 POLICE UNIONS IN THE CIVIL SERVICE SET- MEDIATION IN THE JUSTICE SYSTEM TING 80 CONFERENCE PROCEEDINGS, MAY 20- POTENTIAL OF MEDIATION FORREsoL'tI 21, 1982, JOHN JAY COLLEGE OF CRIMI. ING ENVIRONMENTAL DISPUTES RELAT- T NAL JUSTICE 22 ED TO ENERGY FACILITIES . 48 MEDIATION-IS IT AN EFFECTIVE ALTER· PROCEDURAL JUSTICE IN FAMILY THREATS TO FAIR TRIAL .RIGHTS (FROM NATIVE TO ADJUDICATION IN RESOLVING COURT-DOES THE APVERSARY MODEL, . JURYWORK-SYSTEMATIC ~: TECH· PRISONER COMPLAINTS? 10 MAKE SENSE? , 50 NIQUES-SECOND EDITION, P 12.1-12.11, MEDIATION-ONE ANSWER TO THOSE PROTECTION OF CONFIDENTIALrri IN THE 1983, BETH BONORA AND ELISSA LONG DAYS IN COURT 3 MEDIATION OF MINOR DISPUTES 1()6 KRAUSS, l:D.--SEENCJ.90582) . 109 MEDIATION PRIMER-A TRAINING GUIDE FOR MEDIATORS IN THE CRIMINAL ,JUS- TORT CASES IN JUDICIAL AND ALTERNA TICE SYSTEM 116 TiVe; DiSPUTE RESOLUTION SYSTEMS MEDIATION-PROFf>SSIONAL DYNAM. Q 55 I~ M MEDIATION TRAINING MANUAL 112 QUIET (R) EVOLUTION. IN 'AMERICAN DIS. METROPOLITAN WATER ROUNDTABLE- PUTE SETTLEMENT 25 RESOURCE ALLOCATION THROUGH D CONFLICT MANAGEMENT 45 u MOUNTAIN VIEW RENTAL HOUSING MEDI~ USE OF MEDIATION AND ARBITRATION IN TION-A GRASS ROOTS PROGRAM ·29 () , , SMALL CLAIMS DISPUTES' ,,65 \1 USE OF MEDIATION, CONCILIATIQNAND II RECENT TRENDS IN RESOLVING INTER. NEGOTIATION T£:CHNIQUES IN 'IRE CON .1\ N 'PERSONAL, COMMUNITY AND ENVIRON. TEXT OF ADULT DIVERS!ONIN CANAOA MENTAL DISPUTES 5 (FROM CONCILIATION AND ARBITRATION, NATIONAL CONFERENCE ON. JUVENILE RESOLUTION OF MINOR DISPUTES_JOINT JUSTICE-8TH 73 P 8-43, 1980, LOUIS KOS-RABCEWICZ· HEARING BEFORE THE HOUSE SUBCOM. ZUBKOWSKI, ED.) 16 55 54 ;0

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