The Role of the Courts in the New Justice System'

Abstract

Whilst some theorists consider that it is only within courts that justice can be found and find the extension of the concept of justice beyond court-based adjudication to be troubling, the reality is that justice has always existed outside judicial determination and outside courts. This is partly because for most people who are in a dispute, justice involves little contact with a court or a judge. Most civil disputes settle without a hearing and it is rare that court based adjudication is necessary. Arguably, court based adjudication is less likely to be used to determine civil disputes than in the past and this is partly because Alternative Dispute Resolution, in its various iterations, is increasingly being used to resolve, settle, and manage civil disputes.