Alternative dispute resolution and civil justice: A relationship resolved?
Waters, B. 2022. Alternative dispute resolution and civil justice: A relationship resolved? Arbitration: The International Journal of Arbitration, Mediation and Dispute Management. 88 (1), pp. 3-33.
At a time when there was a perceived civil justice crisis, published in the Modern Law Review of May 1993, was an article written by Simon Roberts, in which he reasserted the importance of party control over dispute processes and their professional management, and between negotiated outcomes and imposed decisions. This article revisits Roberts’ view that the relationship between civil justice and alternative dispute resolution (ADR) (particularly mediation) could be resolved by introducing three models to encourage extra-judicial dispute resolution. The relationship between ADR and civil justice is reassessed and the extent to which these models have been incorporated is evaluated. To understand how civil justice reform in England and Wales has and will affect the way in which those who use the civil justice system engage with it, this article provides analysis of the developing relationship between ADR and the civil justice system and predicts its future direction of travel.
|Keywords||ADR; Alternative dispute resolution; Mediation; Civil justice; Access to justice|
|Journal||Arbitration: The International Journal of Arbitration, Mediation and Dispute Management|
|Journal citation||88 (1), pp. 3-33|
|Publisher||Kluwer Law International|
|22 Mar 2022|
|Publication process dates|
|Accepted||07 Sep 2021|
|Deposited||04 May 2022|
|Accepted author manuscript|
Accepted author manuscript
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