Civil justice in developed countries and in many developing countries is undergoing substantial transformation since two decades. One of these has resulted in a common trend toward managerial justice, meaning that courts, through the use of various devices, are increasingly geared toward case management. What are the implications, from an Access to Justice perspective, of the use of court annexed mediation and judicial mediation? Are these models useful or detrimental to litigants?
Part 1. Historical Perspectives on Alternative Dispute Resolutions (ADRs) 1.1 The rise of ADRs in developed countries 1.2 The debates surrounding the use of ADRs in non judicial settings Part 2. Managerial justice in practice: the institutionalization of ADRs 2.1 Court -annexed mediation 2.2 Judicial Mediation Part 3. Access to Justice and legal transplants issues 3.1 Litigants and legal systems in developed countries: competing interests? 3.2 Is Western scholarship on ADRs relevant for China? |