Introduction

The availability and affordability of civil litigation in England and Wales has been a source of concern for some time now.  Over the past two decades, the judiciary has reviewed the civil procedure rules,litigation costs and court structure.  The judicial initiatives to reform the civil justice system pursue a common theme: enabling equal access to justice through the court.  As a result, a variety of practical measures have been implemented.  Among them, the encouragement of early settlement through alternative dispute resolution (the ‘ADR’) draws extreme skepticism from many academics.  Nevertheless, judicial enthusiasm for alternatives to court adjudication shows no sign of weakening.  A dual system of justice has thus taken shape.  One achieves substantive justice.  The other pursues individualised justice.

Treating court adjudication and ADR as two independent limbs has undermined at times the object of reforms.  The aim of this workshop is to provide a foundation for the interaction between the court and ADR in the legal administration of civil justice.  It addresses the following questions.  What does justice mean in the ADR context?  How do alternative processes deliver justice?  What role does the court play in such processes?  This workshop extends our understanding of the relationship among justice, ADR and the court from an internal perspective.  It also points out a proper direction for future civil justice reforms.

Contact Information

Should you have any enquiries, Please feel free to contact: irpids@hksyu.edu