Alternative dispute resolution and the judiciary

Anna Nylund

Chapter 2 in Research Handbook on Judging and the Judiciary, 2025, pp 13-34 from Edward Elgar Publishing

Abstract: Alternative dispute resolution (hereinafter ‘ADR’) is lauded for increasing access to justice by creating faster, cheaper, and more user-friendly processes and by providing collaborative, interest-based processes. In practice, however, ADR processes often fail to provide an adequate alternative to courts and offer considerably lower procedural safeguards, thus sustaining or widening the justice gap. Examining three commonly used Norwegian ADR processes − in-court mediation, Conciliation Boards, and consumer dispute resolution − as well as the relationship between the type of procedural and substantive justice ADR processes purport to deliver and what they deliver in practice, this contribution analyses the underlying paradigm as well as the organisational design and resources behind such processes. This examination forms the basis for discussing the judiciary's role in creating and maintaining accountability deficits for ADR processes, how these gaps could be closed, and how ADR influences the judiciary's societal and legal position.

Keywords: Accountability; Access to justice; Alternative Dispute Resolution; Dispute system design; Mediation (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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