ADR’s twin promises of greater access and reduced court caseloads may be mutually contradictory.
Evidence
Legal reformers insist that ADR provides fast and inexpensive justice, and the rapid expansion of programs in recent decades suggests that their arguments have been persuasive. Nonetheless, critics of ADR observe that the claims for ADR seem contradictory. Can it really promote Greater access to justice and, at the same time, reduce the demands on. — G. Alan Tarr, Judicial Process and Judicial…, 2362
Categorization
- QUESTION: If ADR succeeds in diverting cases, does it actually expand access, or merely reshuffle it?
- XREF: connects to: ADR programs have had only limited impact on court caseloads — G. Alan Tarr, Judicial Process and Judicial…, 1183; Promises fall into three kinds with different legal enforceability; ADR programs lower cost, scheduling, and language barriers that deter court users. — G. Alan Tarr, Judicial Process and Judicial…, 2366
Broader Connections
- Promises fall into three kinds with different legal enforceability
#complicates(0.85) - ADR programs lower cost, scheduling, and language barriers that deter court users.
#complicates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2366