NCJ Number
99890
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: 1339-1361
Date Published
1984
Length
23 pages
Annotation
A court administrator argues that methods of alternative dispute resolution are in fact alternatives to full-scale trials, rather than processes that are completely separate from courts.
Abstract
Thus, the choice is not to resolve a dispute in court or out of court; it is to determine the degree of court involvement. Programs that supplement courts are more likely than completely separate programs to secure public funding. They can also benefit courts by promoting innovation and change. The research showing that only 1 in 67 people with a grievance takes it to a final judicial resolution indicates the potential for a variety of dispute resolution mechanisms. However, cheaper and faster litigation is not a solution; it will merely result in larger and still-overloaded courts. The use of complements to trials dates back to earliest recorded history. The use of formal courts has occurred only in a minority of cases. However, supplements are sometimes regarded as second-class justice and often lack the visibility and accountability of courts. Also, supplements often tend to become courtlike, as shown by the State workmen's compensation tribunals and the history of the United States Tax Court. A continuing and serious problem is how to keep supplements operating flexibly in a manner between excessive formalism and excessive freedom of procedure. The economic considerations involved in supplemental mechanisms are also important and often overlooked. Ultimately, decisions regarding the creation and use of courts and court supplements are political issues. Footnotes.