Example ADR method dissertation topic 5:

Has ADR become a form of privatised justice?

Justice has always been theorised as a system which should be available to all, regardless of financial ability. However, with growing reliance on ADR prior to litigation, the concept of justice is changing. Growing reliance on an industry, which, by its very nature, is a commercial industry, is contrary to the concept of open access justice. This dissertation looks at whether the growing privatisation of ADR has resulted in only the wealthy accessing its benefits, while the poor are left with little access. Moreover, this dissertation questions whether a private system can really fit into the concept of justice.

Suggested initial topic reading:

• Garth, B ‘Tilting the Justice System: From ADR as Idealistic Movement to a Segmented Market in Dispute Resolution’ [2002] 18 GaStULRev 9277
• Noone, M ‘ADR, Public Interest Law and Access to Justice: The Need for Vigilance’ [2011] 37 MonashULRev 57
• Weinstein, J ‘Some Benefits and Risks of Privatization of Justice through ADR’ [1996] 11 Ohio StJLDR 241