Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution

Abstract

Presents an overview of alternative dispute resolution (ADR) and contrasts the quality of justice it affords to that of the in-court variety. Concludes, based on social science literature, that ADR is likely to increase the risk of prejudicial behavior and outcomes, especially for disempowered disputants. Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost.

Keywords: alternative dispute resolution, informality, formality, mediation, minorities