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Expanding small claims dispute resolution programs. Because many small claims involve disputes between neighbors, partners and others who know each other, and who often must co-exist in the future, the exclusive reliance on a court-based, adversarial system can actually make matters worse in the long run. Mediation and other alternative dispute resolution methods are one way to avoid some of the lasting antagonisms that are produced by court fights. The District of Columbia has implemented an innovative "diversion" program that tries to redirect small disputes out of the court system. Such diversion programs tailored to small claims courts offer a third significant reform that will help legal consumers receive better service from the system.
Protecting non-lawyer litigants. Americans avoid courts because solving their legal problems is not worth dealing with lawyers and legalese. Many small claims courts already offer simplified procedures that are stripped of most legal jargon, but the most intimidating factor -- the prospect of facing a hostile lawyer -- often remains. The simple reform of banning lawyers from small claims court has already been adopted in some states (including California), and should be extended nationwide.
Making small claims courts user-friendly. Americans also avoid courts that operate on "bankers hours," require special forms, and tell consumers they are on their own. On way to correct this problem is through small claims courts that are user-friendly and accessible to the public. A final reform would establish small claims courts with longer hours of operation and weekend hours, require the use of plain language forms for easy-to- resolve matters, and provide in-person assistance to consumers at the courts.
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