Coursework.Info - Inspiration in an Instant

On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:

WILL THE JUSTICE SYSTEM SUFFER AS A RESULT OF PUBLICLY SUPPORTED SETTLEMENT FACILITATION? In the last two decades, ADR initiatives have mushroomed in developing and developed countries alike. But despite their popularity, it has spawned much commentary about its relationship to, and its effect on the litigation process. Many questions remain regarding their actual success in increasing efficiency and in providing broader access to justice. Adjudicative-minded writers such as Owen Fiss have cautioned that gradual displacement of the trial system with ADR may sacrifice important public values. Those values include institutional visibility and accountability, the societal deterrence of wrongful conduct, and the development of guiding legal principles through case law. Prof. Owen Fiss also had expressed fear that, in the absence of judicially administered controls, ADR will result in politically weaker disputants surrendering their rights. ADR is generally conducted in private settings, without public access or the creation...

Get instant access

• Instant, unlimited access to our documents in full
• Swap your work for free access, or pay £4.99
• To see the full version of this document and 150,117 others