Alternative dispute resolution : the democratization of law?

Often, when the formal legal system is inaccessible to the poor, backlogged with huge case loads, prohibitively expensive, and corrupt and unpredictable, ADR programs are touted as a solution. This paper examines the assumptions underlying the trend toward ADR, using U.S. and developing country experiences. It concludes that ADR is a valuable development mechanism to encourage the peaceful management of conflict, but that in some cases the rush to promote it over existing systems is not justified. The report analyzes seven different reasons why ADR programs are implemented in developing countries, among them: to provide a legal laboratory of judicial processes and concepts, to reduce the system"s overburdened case load, and to increase access of marginalized groups to the legal system. Each point is illustrated with examples drawn from an in-depth review of ADR literature; discrepancies between the theory and the reality are discussed and potential solutions are outlined. In addition, the paper discusses how ADR can be used inside or outside the formal legal system, addresses what cases are appropriate for ADR processes, and outlines the options that exist for the sequencing of the dispute process. USAID"s experience with ADR and preliminary lessons learned are also highlighted. Includes references. (Author abstract)