SPECIAL COMMITTEE TO STUDY ALTERNATIVE MEANS OF DISPUTE RESOLUTION - REPORT TO THE CHIEF JUSTICE OF THE DISTRICT COURT - FINAL PROGRESS REPORT

• NCJ Number: 54078
• Author(s): A J DIBUONO
• Date Published: 1978
• Length: 45 pages
• Grant Number(s): 75ED-01-0010; 76DF-01-0017
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Massachusetts Administrative Office of the District Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

A STUDY OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN MASSACHUSETTS IS REPORTED, AND RECOMMENDATIONS FOR IMPLEMENTING EXPERIMENTAL MEDIATION PROGRAMS IN DISTRICT COURTS ARE PRESENTED.

Abstract

ALL OF THE JUDGES AND CLERKS IN MASSACHUSETTS' DISTRICT COURTS WERE SURVEYED TO DETERMINE WHAT DISPUTE RESOLUTION METHODS WERE BEING EMPLOYED BY THE COURTS AND TO EXPLORE THE POSSIBILITY OF INTRODUCING IMPROVEMENTS. EXISTING MEDIATION PROGRAMS IN MASSACHUSETTS WERE EXAMINED, AND ALTERNATIVE DISPUTE RESOLUTION PROGRAMS THROUGHOUT THE COUNTRY WERE STUDIED. THE REPORT DESCRIBES THE STUDY PROCEDURES AND OFFERS A GENERAL DISCUSSION OF THE PURPOSES AND METHODS OF MEDIATION. A NATIONAL OVERVIEW OF DISPUTE RESOLUTION PROJECTS IS PRESENTED, TOGETHER WITH CAPSULE DESCRIPTIONS OF EXISTING FORMAL AND INFORMAL MEDIATION PROGRAMS IN MASSACHUSETTS. IT IS RECOMMENDED THAT MASSACHUSETTS IMPLEMENT EXPERIMENTAL MEDIATION PROGRAMS IN ONE OR MORE DISTRICT COURT DIVISIONS. DETAILED CONSIDERATION IS GIVEN TO THE LOCATION OF THE EXPERIMENTAL PROGRAMS, THE STAGE AT WHICH DISPUTANTS SHOULD BE REFERRED FOR MEDIATION, THE SELECTION AND TRAINING OF MEDIATORS, MEDIATION ELIGIBILITY CRITERIA, AND THE MEDIATION PROCEDURE. APPENDED MATERIALS INCLUDE A DISCUSSION OF THE COURT PERSONNEL SURVEY FINDINGS, A LIST OF EXISTING MEDIATION PROGRAMS IN MASSACHUSETTS, AND A BIBLIOGRAHY.