This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.
88 Fordham L. Rev. 2237 (2020).
Nussbaum, Lydia, "ADR, Dynamic (In)Justice, and Achieving Access: A Foreclosure Crisis Case Study" (2020). Scholarly Works. 1313.