Does mandatory ADR impact on access to justice and litigation costs?

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Abstract

This article argues how far mandatory alternative dispute resolution (ADR) would ensure access to justice and impact on the litigation cost. The ADR mechanism saves money and time which is still fact-finding. Mandatory ADR narrows down the litigant's choice to resolve dispute through the statute. It dominates litigants through imposing the future threat of financial penalty. The unsuccessful ADR imposes an additional cost. Moreover, forcing ADR would affect the beauty in it. How limiting access to court, legal remedy, and leaving options as "ADR only" would ensure justice has been argued here.
Original languageEnglish
Pages (from-to)31-38
Number of pages8
JournalAustralasian dispute resolution journal
Volume30
Issue number1
Publication statusPublished - 2019

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