文章基本信息

标题：Layperson Representation in Alternative Dispute Resolution (ADR): A Legal Analysis
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作者：Su’aida Safei ; Nuraisyah Chua Abdullah
期刊名称：International Journal of Academic Research in Business and Social Sciences
电子版ISSN：2222-6990
出版年度：2021
卷号：11
期号：11
页码：91-104
DOI：10.6007/IJARBSS/v11-i11/11260
语种：English
出版社：Human Resource Management Academic Research Society
摘要：The layperson representation supports the theory of legal pluralism. The essence is that not only the courts, as the official dispute mechanisms, are places for people to settle their disputes. There are various kinds of ADR outside the courts, as the unofficial dispute mechanisms, which provide alternative methods for parties to resolve their disputes. Using the qualitative approach, this paper serves as an overview of layperson representation in ADR from two perspectives, i.e., as ADR practitioners and as representatives of the disputing parties. The layperson representations are illustrated via the comparative approach of selected forums of dispute settlements in Malaysia and some foreign jurisdictions. The paper concludes that even though layperson representation is essential, it is clear from the discussion that the rigidity in applying layperson representation without the flexibility in getting legal representation whenever the needs arise is not an ideal perspective. The layperson representation concept in ADR should be used appropriately in consideration of serving better justice. It should not be an alternative to legal representation at the expense of ignoring technical legal issues that arise in disputes.