DOOR, Vol. 2. No. 1., 2026.
Professional paper
https://doi.org/10.65342/door.2.1.9
Commercial Alternative Dispute Resolution and the Public Interest: Private Justice and the Rule of Law
Ljubomir Petrulješkov
orcid.org/0009-0009-0833-1334
Abstract
The growing use of commercial alternative dispute resolution (ADR) has reshaped the landscape of commercial justice across jurisdictions. Mediation and arbitration are promoted as efficient, flexible mechanisms for reducing court backlogs, supporting economic activity, and responding to the needs of commercial actors. The growing reliance on private dispute resolution raises questions regarding transparency, equality, accountability, and the protection of the public interest, which are functions traditionally entrusted to public courts.
This article examines commercial ADR from a rule-of-law perspective, focusing on the conditions under which private dispute resolution mechanisms can complement, rather than undermine, formal justice systems. It analyses key public interest risks associated with commercial ADR, including power imbalances between the parties, limited procedural safeguards, and barriers to justice faced by small and medium-sized enterprises (SMEs) and underrepresented groups. Drawing on comparative practice and institutional experience, the article identifies legal and institutional features that enable commercial ADR to operate in a manner consistent with rule-of-law principles.
The article argues that commercial ADR can meaningfully serve the public interest when integrated into a coherent legal framework that ensures judicial oversight, enforceability, and procedural fairness. Properly designed and governed, commercial ADR can strengthen access to justice, reduce pressure on courts, and reinforce confidence in commercial dispute resolution without eroding the authority or legitimacy of public adjudication.
Keywords
Hrčak ID:
347840
URI
Publication date:
15.6.2026.
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