Navigating Justice: How German Lawyers Steer Clients Between Trial and Alternative Dispute Resolution

Roesler, Beatrice (2024) Navigating Justice: How German Lawyers Steer Clients Between Trial and Alternative Dispute Resolution. PhD thesis, University of Gloucestershire. doi:10.46289/MDAX1926

Preview

Text 15950 Roesler (2024) Navigating Justice How German Lawyers Steer Clients Between Trial and Alternative Dispute Resolution.pdf - Accepted Version Available under License All Rights Reserved. Download (5MB) | Preview

Abstract

This thesis investigates how German lawyers decide on advising clients regarding procedural options between trial and Alternative Dispute Resolution (ADR) methods. Despite legislative measures aimed at promoting ADR in Germany—such as the 2012 Mediation Law and the 2016 Consumer Dispute Resolution Act—adoption rates remain relatively low. Based on a critical realist perspective, this research introduces the ADR-No recommendation- Trial (ANT) Recommendation Model and outlines a lawyer’s procedural recommendation process in seven stages. The model facilitates the analysis of complex interactions between factors that influence lawyers’ procedural advice and clients’ decision-making processes. Drawing on a comprehensive review of relevant literature and empirical data collected from semi-structured interviews with highly experienced German lawyers, the study examines how various influences—such as the density of laws' regulation, economic incentives, trust, and expert intuition—shape lawyers’ procedural recommendations. Findings reveal that, although ADR provides clear advantages in terms of cost efficiency and time savings, clients more often than lawyers prefer trial due to entrenched expectations and uncertainty about ADR outcomes. This study makes a significant contribution to the existing body of knowledge on procedural justice and legal decision-making by addressing a gap in understanding the underlying drivers of procedural choices. It offers practical implications for policymakers seeking to increase ADR uptake, emphasising the need for reforms in the German legal education programme to develop and teach best practice diagnostics, communication skills, risk management tools, and the appropriate use of Artificial Intelligence applications. Ultimately, this research advocates for changes in Germany’s judicial system to promote digitalisation and modifications to the Procedural Code of Conduct (ZPO).

Item Type:	Thesis (PhD)
Thesis Advisors:	Thesis Advisor Email URL Dawson, David ddawson@glos.ac.uk http://www.glos.ac.uk/faculties-and-schools/business/staff-profiles/pages/s2100200-david-dawson.aspx Ryan, Bob bryan@glos.ac.uk UNSPECIFIED
Uncontrolled Keywords:	Alternative Dispute Resolution (ADR); Trial; Lawyer-client relationship; Lawyer decision-making; Client procedural preference; Trust in legal advice; Critical realism; (ADR-No recommendation-trial) ANT Recommendation Model; Legal intuition; Legal risk management; Legal Education; Procedural justice; German civil law; Mediation; ADR adoption
Subjects:	K Law > K Law (General)
Depositing User:	Anne Pengelly
Date Deposited:	24 Mar 2026 14:58
Last Modified:	24 Mar 2026 14:58
URI:	https://eprints.glos.ac.uk/id/eprint/15950

University Staff: Request a correction | Repository Editors: Update this record