Vulnerable people and appropriate means of dispute resolution

Abstract

It is a concern and a purpose of our legal system to reinforce the protection of the rights of persons in a vulnerability situation. This reinforcement may also be necessary in ADR to ensure that the agreement is truly the result of the desired will. The paper analyzes the different ways and instruments used to provide due protection and their shortcomings: exclusion of certain matters, regulated procedures, cost of proceedings, burdens and disincentives, and professional training.