A Systemic Perspective of ADR in Latin America: Enhancing the Shadow of the Law through Citizen Participation

Authors

Mariana Hernández Crespo, University of St. Thomas School of Law

Abstract

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute resolution systems in Latin America.

Disciplines

Dispute Resolution and Arbitration | Law

Recommended Citation

Mariana Hernández Crespo, A Systemic Perspective of ADR in Latin America: Enhancing the Shadow of the Law through Citizen Participation, 10 Cardozo J. Conflict Resol. 91 (2008).
Available at: https://larc.cardozo.yu.edu/cjcr/vol10/iss1/6