ADR’s informal, compromise-oriented proceedings can reinforce unequal power relations between disputants.
Evidence
Critics also argue that because ADR emphasizes compromise and accommodation, it disarms victims of injustice who insist on the full vindication of their rights. In fact, ADR’s emphasis on informal proceedings tends to reinforce unequal power relations by denying to poor and dicadvantaged members of soceey the. due. p ue process protections of court proceedings and the equalizing assistance of representation by These are serious charges. — G. Alan Tarr, Judicial Process and Judicial…, 2363
Categorization
- XREF: Directly connects to procedural due process and right-to-counsel doctrine; informal forums may lack the equalizing effects of representation. — connects to: Critics argue informal ADR proceedings disadvantage poor disputants lacking procedural safeguards — G. Alan Tarr, Judicial Process and Judicial…, 1176