Alternative Dispute Resolution for the Poor: Is it an Alternative?

Abstract

The poor have unmet means for resolving disputes and as such, are hindered to accessing justice. But access to a forum for the resolution of disputes for all persons regardless of their financial circumstances, is essential to accord our system of justice legitimacy. While it may be unwise, in selected instances involving the poor, to substitute mediation and other methods of ADR for legal advocacy, dispute resolution processes should not be denied simply because of one's inability to pay. This paper discusses how ADR has the potential of increasing access to justice for the poor by providing additional forums for the resolution of disputes, particularly when substantially increased resources enabling lawyers to represent the poor in traditional litigation do not seem probable.

Keywords: Alternative Dispute Resolution, ADR, poor, low-income people, subsidize cost, court system, mediation, mediator

JEL Classification: K19