Active adjudication is an approach to dispute resolution that puts more emphasis on the role of the adjudicator in focusing the issues in dispute and the process for resolving those issues. It stands in contrast to the classic adversarial model of dispute resolution that puts more emphasis on the parties shaping the matters in dispute and the evidence required to prove their case. Active adjudication has many advantages for access to justice. I have written about this before. Active adjudication can result in shorter processes as well as levelling the playing field, to some extent, for self-represented parties.
The . . . [more]