Home

News

Useful Links

Case In Point

Downloads

FAQ

Enhancing Public Perception of the Court

By Nancy Neal Yeend, national dispute management specialist
Principal of the West Coast Regional mediation offices of The John Paul Jones Group

4/9/2008

During the past three decades, court-connected dispute resolution programs have flourished, and today it is almost impossible to find a court that does not have at least one program. Programs inaugurated in the 1980s and first half of the 1990s were primarily focused on using the various forms of dispute resolution, mediation, and arbitration to reduce case loads and to expedite civil cases. During that timeframe, the number of drug-related criminal cases increased exponentially, placing a significant strain on court resources.

Today many jurisdictions have unfilled judgeships, strained budgets, and in some jurisdictions there are even hiring freezes. Dispute resolution programs remain a cost effective tool to resolve cases and decrease case backlog. More and more courts are discovering that dispute resolution programs provide another significant benefit — powerfully enhancing the public’s perception of the courts.

Well-managed dispute resolution programs often help ameliorate public skepticism of the court system in a number of ways: through community education, public involvement, and outreach. Judges are in the perfect position to take a leadership role, establishing programs with goals that not only include speedy case resolution and conservation of resources, but also improve the public’s perception of the entire court system.

Establishing a Dispute Resolution Committee comprised of members of the bench and bar, along with members of the public, is a positive first step. The committee provides a safe forum for the discussion and exchange of ideas while enabling the public to understand the role of the court and appreciate the significant challenges the court faces.

Periodic review of the neutrals serving on any type of court dispute resolution panel is not only a significant approach to improving public confidence, but also the primary technique for establishing internal quality control. Increasing standards for arbitrators, mediators, special masters, neutral evaluators, and all other court dispute resolution panelists is often the fundamental step missed when creating a dispute resolution program. Specific training requirements, case-specific subject matter experience, adherence to code of conduct, and continuing education requirements are necessary and yet dispute resolution programs all too often lack these necessary requirements. Strengthening public confidence in the court’s various dispute resolution programs enhances the community’s perception of the entire court.

Providing a variety of dispute resolution processes to choose from, streamlining procedures, and expanding free or low-cost programs extend the court’s reach into often under-served sectors of a community. This “reaching out” and demonstration of inclusiveness increases the public’s trust and confidence in the judicial system. For people who are unable to hire an attorney, the legal system is intimidating. When these individuals participate in mediation they often have a positive experience — even if the case does not settle. Participation in a court-connected dispute resolution process helps educate the public about the accessibility of the court. A positive experience during one of these court mediations is often the best form of public relations.

Few courts have marketing specialists or advertising agencies helping promote and improve their image, and yet most courts have or are initiating dispute resolution programs. Courts are missing a unique opportunity to educate the public to demonstrate the benefits the court provides through its dispute resolution programs, and shine a positive light on the court's accessibility.

For a more in-depth analysis of Court-Connected Alternative Dispute Resolution Programs, enroll and participate in The National Judicial College’s Implementing and Evaluating a Court-Connected Alternative Dispute Resolution Program, offered September 22-23, 2008, in Reno. Please call (800) 25-JUDGE for more information and to enroll.