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Nothing For Something? Denying Legal Assistance To Those Compelled To Participate In Adr Proceedings, Stephan Landsman
Nothing For Something? Denying Legal Assistance To Those Compelled To Participate In Adr Proceedings, Stephan Landsman
Fordham Urban Law Journal
The traditional view of the courts in their handling of unrepresented litigants has been that those who proceed pro se must look out for themselves and that there is no constitutional right to receive personal instruction from the trial judge on courtroom procedure. The opposing view, which has received increasing support, is that courts have a duty to ensure that pro se litigants do not lose their right to a hearing on the merits of their claim due to ignorance of technical procedural requirements. This Article explores the treatment of unrepresented litigants in ADR (alternative dispute resolution) settings, contends that …
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Fordham Urban Law Journal
This Article suggests that our failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided. Although legal representation is no doubt more important in some contexts than others, it is wrong to make the binary assumption that legal representation is always more important in litigation than in ADR processes; legal representation may often be critically important in ADR processes. Because many disputes will be finally resolved in ADR and because legal representation can be equally or even more important in ADR than in litigation, we need to focus simultaneously on improving representation in both …