In Britain the costs of justice - to taxpayers and litigants - have
been rising faster than GDP. For efficiency reasons and to
encourage innovation, reform is required and some action is already
underway. But reform is complicated because 'justice' is a complex
product - bought on 'trust' by many consumers and with precedent
and spillover effects. Some good ideas for reform are already in
circulation. But there is a case for experimentation rather than
trying to work out in advance which ideas should be implemented.
Market forces should have a bigger role in the civil justice system
and there should be more competition in the provision of dispute
resolution services. Probable features of a reformed judicial
system would be competitive tendering, better information for
clients about alternative ways of proceeding and more power for
trial judges to control the passage of a case. The supply of judges
also needs to be addressed: court fees could be determined by
market forces and the proceeds ploughed back into judicial
capacity. Alternative dispute resolution (ADR) procedures allow
parties a choice of jurisdictions. ADR produces precedents, to the
extent they are required, and does not need the threat of
litigation in the background. A big advantage of ADR is that it
avoids monopolized law which otherwise tends to produce
inflexibility, bad rules and politicization.
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