Imbalances of Power in ADR

36 Pages Posted: 2 Jul 2012  

Oren Gazal-Ayal

University of Haifa - Faculty of Law

Ronen Perry

University of Haifa - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: July 2, 2012

Abstract

In recent decades, Alternative Dispute Resolution processes have gained worldwide recognition, a growing role in legal practice, and academic attention. Despite their professed advantages they have also faced fierce opposition. In a seminal article, Owen Fiss argued that ADR exacerbates imbalances of power between the parties. But while the theoretical argument has been widely discussed and developed in academic literature, empirical evidence has remained scant. This Article purports to bridge the gap. It empirically examines the impact of two seemingly relevant factors in inherently imbalanced legal disputes: representation and dispute resolution method. Arguably, professional representation of weaker parties may reduce the effects of inequality, whereas less formal, transparent and adjudicatory processes may exacerbate them.

Suggested Citation

Gazal-Ayal, Oren and Perry, Ronen, Imbalances of Power in ADR (July 2, 2012). Available at SSRN: https://ssrn.com/abstract=2097643 or http://dx.doi.org/10.2139/ssrn.2097643

Oren Gazal-Ayal

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

HOME PAGE: http://weblaw.haifa.ac.il/en/Faculty/GazalAyal/Pages/default.aspx

Ronen Perry (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

HOME PAGE: http://weblaw.haifa.ac.il/en/faculty/perry/

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