A critical study of the ADR movement

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A critical study of the ADR movement

Critical Studies and Cases

Maybe specific cases or a critical study could be more for you? If so, take a look at some of these examples:


Example critical studies and cases dissertation topic 1:

A critical study of the ADR movement

The increasing reference to ADR since the Halsey and Dunnett decisions has resulted in greater reliance on ADR methods. However, has the Court’s suggestion of a near compulsory requirement of pre-litigation dispute resolution resulted in an over-reliance of a system which is by no means flawless? Can mediation, with its non-binding agreements really resolve issues to a point where litigation is avoided? Do the costs of ineffective ADR result in an inability to pursue consequent litigation? Does negotiation rely too heavily on being able to afford barristers with reputations as being excellent ‘closers’? This dissertation critically reviews the various types of ADR.

Suggested initial topic reading:

  • Green, C ‘ADR: Where did the “alternative” go? Why mediation should not be a mandatory step in the litigation process’ [2010] 12(3) ADRB 1
  • Guill, J and SlavinJr, E ‘Rush to Unfairness: The Downside of ADR’ [1989] 28(3) JJ 8
  • Joseph, J ‘Alternate to Alternatives: Critical Review of the Claims of ADR’ [2011] West Bengal National University of Juridical Sciences

If these example topics have given you some inspiration and you now feel ready to choose a dissertation topic, see our guide to choosing a dissertation topic to help you get started.