With reference to examples, critically assess how critics of mediation and ADR have addressed the issue of power imbalances.

Conflict resolution and the state

Question

‘The fundamental problem that constrains the performance of alternative complaint mechanisms today derives from their inability to compensate adequately for the ineffective bargaining position of the individual who confronts large corporations and government bureaucracies.’

Nader 1979: 1019-1020

With reference to examples, critically assess how critics of mediation and ADR have addressed the issue of power imbalances.

Reference Laura Nader (1979) ‘Disputing without the force of law’ 88 Yale Law Journal 998-1021

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