Document Type

Working Paper

Publication Date

7-5-2012

SSRN Discipline

Legal Scholarship Network; PSN Subject Matter eJournals; Conflict Studies eJournals; Litigation, Procedure & Dispute Resolution eJournals; Law & Society eJournals; LSN Subject Matter eJournals; Humanities Network; Political Science Network

Abstract

Presents an overview of alternative dispute resolution ADR and contrasts the quality of justice it affords to that of the incourt variety Concludes based on social science literature that ADR is likely to increase the risk of prejudicial behavior and outcomes especially for disempowered disputants Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost

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