Alternative Dispute Resolution for the Poor: Is it an Alternative?

Abstract

Numerous studies have documented that, despite efforts of publicly funded legal service programs and contributions of the private bar through organized pro bono programs, the poor continue to have a significant unmet need for resolution of their legal problems. Without a right to counsel in civil cases, the poor have been largely excluded from the primary and traditional means of resolving disputes through the courts. Professor Spain explores whether alternative dispute resolution is an effective alternative for the poor before concluding that more research needs to be done by the state bar.