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No Day in CourtAccess to Justice and the Politics of Judicial Retrenchment$
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Sarah Staszak

Print publication date: 2015

Print ISBN-13: 9780199399031

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780199399031.001.0001

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Changing the Decision Makers

Changing the Decision Makers

From Litigation to Arbitration

(p.38) 3 Changing the Decision Makers
No Day in Court

Sarah Staszak

Oxford University Press

This chapter examines the development, professionalization, and proliferation of alternative dispute resolution (ADR) practices that have frequently empowered nonjudicial actors to resolve legal grievances in the place of judges. In terms of their ability to detract from access to courts, practices like arbitration and mediation close the courtroom doors to legal grievances that would otherwise be resolved by judges and juries. ADR has a long history in the United States and has at times been promoted by both liberals and conservatives. Although originally developed by Progressives and supporters of the New Deal, conservatives began to promote it in the latter part of the twentieth century as a way to keep what they considered “lesser” cases out of court, and to better protect the interests of business and large corporations.

Keywords:   access to courts, retrenchment, arbitration, alternative dispute resolution, Federal Arbitration Act

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