Delivering Dispute Resolution: A Holistic Review of Models in England and Wales

Description

This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.

Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.

From the foreword: [A] radical and far-reaching redesign of our dispute resolution and legal advice system is needed. I therefore cannot commend too highly the compelling analysis which shows this is necessary. It sets out what needs to be done to produce as soon as possible a new and integrated system and provides a clear set of proposals for discussion. In pressing for reform, it will be essential to remind everyone that without an accessible dispute resolution system and without the provision of legal advice and assistance where they are needed, the Rule of Law is indeed under a real threat in England and in Wales. -- Lord Thomas of Cwmgiedd, Kt PC, Lord Chief Justice of England of Wales 2013-2017