“Mediation as an Alternative to Adjudication: Rhetoric and Reality in the Neighborhood Justice Movement.”

Source: (1982) In: R. Tomasic and M M. Feeley (eds.), Neighborhood Justice: Assessment of an Emerging Idea. New York, NY: Longman Inc., pp. 215-248.

Thia essay argues that there are fundamental problems in using community mediation centers for significant resolution of conflicts. A commitment to high caseloads requires strong ties to the justice system, while commitment to the notion of resolving community conflicts yields low caseloads and uncertain sources of funding. If the justice centers are to be a true alternative to the courts, they must become independent of them, with a greater emphasis on the localization of disputing in the neighborhood, between consumers and retailers, and in the workplace to play an important role in dispute processing.