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ALTERNATIVE DISPUTE RESOLUTION SOCIO-ECONOMIC IMPACT. THE PORTUGUESE CASE STUDY

Abstract

The strengthening of alternative dispute resolution (ADR), their implementation in the justice system and the recognition of their effectiveness and efficiency must be government goals in the administration of justice and in the promotion of the access to dispute resolution mechanisms. In the Portuguese legal system, the State has created a new architecture, through a multifaceted and heterogeneous legal system, combining judicial and extrajudicial means. In this context, it is important to understand the socio-economic relevance of ADR and to analyse how citizens evaluate them. A better knowledge of the citizen's perception will improve the model and the performance of the institutions and their agents. By considering the existing empirical studies, complemented with theoretical studies on the functioning of justice, this paper aims to show the results obtained, in order to understand the citizen's position in relation to Justice. Considering that ADR are currently a fundamental piece in the construction of a justice system that aims to be completed, adequate, fast, effective and efficient, the analysis and recommendations adopted may be part of the necessary basis to improve and sustain the judicial architecture and the administration of justice.

Keywords
Alternative dispute resolution; justice; administration of justice; law and economics; access to justice

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