Privatization of Justice (From Privatizing the United States Justice System: Police, Adjudication, and Corrections Services From the Private Sector, P 190-202, 1992, Gary W Bowman, Simon Hakim, et al., eds. - See NCJ-137785)

• NCJ Number: 137795
• Author(s): L Ray
• Date Published: 1992
• Length: 13 pages
• Sale Source: McFarland & Company, Inc.
• Publication Type: Program Description (Model)
• Language: English
• Country: United States of America

Annotation

The number of alternative dispute resolution programs has increased from 100 to 400 during the past decade as a result of the recognition of the problems being caused by court delays, the desirability of less formal methods of dispute settlement, and the ability of these programs to address the whole conflict rather than a particular legal infraction.

Abstract

These programs grew out of the development of community dispute resolution centers for the juvenile justice system in the 1950's. Classifying alternative dispute resolution is difficult. One approach is to focus on the amount of control the disputants have over the process and outcome. This approach suggests a continuum that begins with negotiation and continues with mediation, arbitration, and adjudication. Private processes between arbitration and adjudication are often blended to produce hybrids that range from private judging to moderated settlement conferences. Specific programs include the public-private night prosecutor's mediation program in Ohio and the Multidoor Courthouse Centers Project in Texas, Oklahoma, and Washington, D.C. These and other forms of alternative dispute settlement have a promising future, despite concerns about potential costs and impacts. 32 references