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Avoidance as Dispute Processing: An Elaboration

Published online by Cambridge University Press:  01 July 2024

William L. F. Felstiner
William L. F. Felstiner*
Affiliation:
University of California, Los Angeles
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Extract

I have suggested (1974) that in societies such as the United States, where non-governmental institutionalized mediation and adjudication of interpersonal disputes are infrequent, some of the slack may be absorbed by avoidance. I implied that avoidance would generally have lower costs in the United States than in societies where such mediation and adjudication are widely available. Danzig and Lowy (1975: 676-682) argue that I have underestimated the costs of avoidance in the United States. They may be right. In any event, avoidance can be analyzed more precisely than it was in my original paper (see 1974: 70, 76, 79-80, 83-84). This response will try to provide such an analysis, including a more complete breakdown of avoidance costs. It will suggest why I appraise avoidance costs differently than do Danzig and Lowy. It will also re-evaluate some of the variance in avoidance costs between different societies. Finally, it will discuss avoidance and Danzig and Lowy's proposed neighborhood mediation.

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Type
Research Article
Information
Law & Society Review , Volume 9 , Issue 4 , Summer 1975, pp. 695 - 706
Copyright
Copyright © 1975 The Law and Society Association.

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