The Public Nature of Private Adjudication

WHEN THE PUBLIC SYSTEM OF JUSTICE NO LONGER FUNCTIONS EFFECTIVELY, THERE ARE POWERFUL INCENTIVES TO CREATE PRIVATE SYSTEMS OF JUSTICE. PRIVATE SYSTEMS OF JUSTICE, WHICH OFTEN ARE REFERRED TO AS ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES, HOLD A STRONG ATTRACTION, PARTICULARLY WHEN COMPARED WITH A DECREPIT PUBLIC COURT SYSTEM. NEVERTHELESS, "JUSTICE" IS AN INHERENTLY PUBLIC ACTIVITY, AS THIS ANALYSIS IS DESIGNED TO DEMONSTRATE. BECAUSE OF THE FUNDAMENTALLY PUBLIC NATURE OF THE JUSTICE TO BE ADMINISTERED, A SYSTEM OF PRIVATE JUSTICE WORTHY OF THE NAME MUST SUBSTANTIALLY REPLICATE IMPORTANT CHARACTERISTICS OF THE PUBLIC SYSTEM.