ABSTRACT

This chapter focuses on consumer disputes in the county court, primarily through the small claims procedure, and through one of the many existing forms of consumer alternative dispute resolution (ADR). It discusses what is meant by access to justice to provide a conceptual framework to assess developments in civil justice and ADR. A party to the case may also ask for the proceedings to be stayed while they attempt to settle the case or use ADR. The research focused on consumers who used either the court system or ADR to seek redress, as opposed to looking at consumers who were defendants. ADR systems for dealing with consumer disputes are, however, a relatively recent creation. In terms of procedural fairness, ADR systems stand up reasonably well, if measured against consumer satisfaction indicators. The future for consumer disputes lies in ADR, rather than the courts.