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IBA Annual Conference Paris 2023

29 Oct - 3 Nov 2023

Room 341, Level 3

Session information

Alternative dispute resolution (ADR) - how do we ensure equal access to justice in a changing legal landscape?
Room 341, Level 3

Committee(s)

Access to Justice and Legal Aid Committee (Lead)

Description

This session focuses on the role that alternative dispute resolution can play in improving access to justice. We know that people at social and economic disadvantage are also at disadvantage when it comes to accessing and exercising their legal rights. Often a distinct power imbalance exists which traditional methods of resolving disputes may not overcome. So how do we ensure that those people in economic hardship or with a physical or mental disability who cannot advocate as effectively as those with more means, can be on more of a level playing field? Alternative dispute resolution (ADR) offers a pathway; by shortening the time taken to resolve disputes, as well as reducing costs and the adversarial nature of proceedings. In addition, remote participation in ADR has broadened access and kept justice alive during the pandemic and has made it possible for people living in rural or regional areas, people with job insecurity who would otherwise find it impossible to take part in their cases in a traditional setting. But ADR does not completely eliminate inequality between parties. Indeed, power imbalances can continue to exist - whether it be in mediation, conciliation or arbitration. Furthermore, another criticism of ADR is that it lacks visibility, transparency and jurisprudence. Do we therefore need to re-think the status quo and look at expanding the options by creating new models and methods of resolving disputes? The session will ask questions about whether we need to innovate alternative dispute resolution to ensure that it is as accessible as possible; and address potential power imbalances between parties, and in appropriate cases, deliver the transparency that is needed.

Session / Workshop Chair(s)

Mark Woods Law Council of Australia, Melbourne, Victoria, Australia; Member, Access to Justice and Legal Aid Committee Advisory Board

Speakers

Anne-Marie Catherine Blaney Irish Rule of Law International (IRLI) , Dublin, Ireland; Co-Chair, Access to Justice and Legal Aid Committee
Lord Angus Glennie Scottish Arbitration Centre, Edinburgh, Scotland
Julieta Lemaitre Ripoll Justice Chambers, JEP, Bogota, Colombia
Mary Walker Barrister, Sydney, New South Wales, Australia; Member, Mediation Committee Advisory Board