ADR Critical Analysis: Mediation as a Fair Alternative to Resolving Legal Disputes

QUESTION: “Every civilized system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective rights. The means provided are courts of justice to which every citizen has a constitutional right of access…” (Lord Woolf, Access to Justice Interim Report 1996. Critically discuss whether what mediation provides offers a fair and ethical means for the just and peaceful resolution of legal disputes. Providing specific examples from civil justice, restorative justice and family law to illustrate your answer. REQUIREMENTS: Above is a quote and question that must be **critically analyzed**. – Please make sure to link the quote from Lord Woolf to the question – Attached are relevant readings that should be referenced, in addition to others if found GUIDELINES: * Please make sure to provide examples from civil justice, restorative justice, and family law throughout to illustrate answer. Introduction Paragraph: – Briefly introduce ADR and specifically, what mediation is – Acknowledge that mediation has no real definition and identify the narrow and broad definitions – When is mediation recommended? and why? – Issues with mediation? Body Paragraph 1: – Is mediation fair and ethical? – Define ‘fair’ and ‘ethical’? Can these terms actually be defined? Body Paragraph – What is access to justice? What does it mean? – Does mediation offer justice to parties? Body Paragraph: – What is the role of the courts and judges? – Do the courts play a role? Body Paragraph: – Is mediation a separate system from the traditional court litigation? Or is mediation an alternative that works along with the court system? Conclusion: – Summarize main mediation points – Challenges and issues with mediation – Recommendations

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