Three Trade-Offs to Efficient Dispute Resolution

Seeking efficiency first and foremost when designing dispute resolution processes carries the risk of producing unprincipled justice. In this article, I explore actual and proposed measures promoting efficiency in civil dispute resolution. I argue that current, wide spread focus on efficiency in judicial systems and civil justice reform endeavours worldwide may cripple other fundamental values of justice. We, decision-makers and academics, tend to define “efficiency” too narrowly. We also focus too much on efficiency, without sufficient consideration for other fundamental values of justice. For example, we intuitively embrace Alternative Dispute Resolution processes (ADR) such as mediation, or the notion that