This article will begin with a brief explanation of rule of law development work. Section III will describe the role of legitimacy in developing rule of law. Section IV will discuss some examples of how ADR programs are typically included in rule of law development work. Section V will discuss when promotion of ADR programs may work against the development of rule of laws, specifically when ADR might seem more like a new form of corruption or when it might reinforce already existing bad practices. Section VI will offer some questions for ADR and rule of law development practitioners to consider in deciding whether to introduce such programs to avoid harming or reinforcing already existing poor public attitudes regarding the legitimacy of the formal legal system.
Lost in Translation: Can Exporting ADR Harm Rule of Law Development,
2011 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2011/iss1/9