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Selected Works of Edgardo Muñoz
Article
Alternative dispute resolution as a tool to overcome access to justice impediments and institutional dysfunction in Mexico
YOUNG ARBITRATION REVIEW (2017)
  • Edgardo Muñoz
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Abstract
In recent years, Mexico has undergone a series of legal reforms purported to address the internal deficiencies of its judicial system. Along these reforms, the States and the Federation have enacted new laws that create Alternative Dispute Resolution (“ADR”) centers for the resolution of civil and business complaints.
In line with other international examples, ADR mechanisms are helping to overcome the obstacles to access justice in Mexico. ADR has provided Mexico with a venue for conflict settlement that is free from the institutional dysfunction that characterizes its judicial system. Some of the ADR centers administered by State courts have reported remarkable results in the resolution of family disputes and small civil claims. However, there is still important progress to be made. Mexico’s legal and the business community do not always promote or believe in this alternative system. This leaves many medium and big claims out of the realm of ADR.
In section II, we revisit some of the widely known obstacles to access justice and institutional dysfunctions of Mexico’s judicial system. Section III discusses the most important efforts made by the government and private institutions in order to address Mexico’s delicate situation in terms of access to justice and its low quality judiciary.  Section IV provides a brief account and further prediction of the benefits that ADR promises to provide with to Mexican and foreign parties. Section V reflects the author’s opinion about the work that still needs to be done to increase the use of ADR beyond the State courts’ alternative justice centers.
Keywords
  • ADR,
  • Alternative Dispute Resolution,
  • Access to justice,
  • Mexico
Disciplines
Publication Date
Winter January, 2017
Citation Information
Edgardo Muñoz. "Alternative dispute resolution as a tool to overcome access to justice impediments and institutional dysfunction in Mexico" YOUNG ARBITRATION REVIEW Vol. 24 (2017)
Available at: http://works.bepress.com/edgardo_munoz/24/