Procedural Justice and the Rule of Law: Fostering Legitimacy in Alternative Dispute Resolution

Abstract

In Part II, we provide background on the psychology of procedural justice. Then, because the term rule of law has been used so widely and in so many different ways, we explain its various meanings and go on to draw connections between the elements of procedural justice and the rule of law, highlighting both the similarities and distinctions between the two principles. We then marshal evidence in support of the critical role that procedural justice and rule of law values play in fostering perceptions of legitimacy. Part III explores the links among procedural justice, rule of law, and specific ADR processes, suggesting particular areas of concern where attention should be given to ensure that ADR and rule of law can coexist harmoniousl