Individuals should play a greater role in solving their problems rather than turning to the courts, justice minister Jonathan Djanogly said last week as he set out the government’s plan to support mediation in the wake of its proposals to slash legal aid.
Speaking at CEDR’s (Centre for Effective Dispute Resolution) 20th anniversary awards dinner last week, he said: ‘We need to work together to build the case for mediation and other forms of dispute resolution, so that it is adopted by the many and not just the few.’
Djanogly said the financial situation was ‘forcing us to tighten our belts’, but denied the government saw mediation ‘simply as a means of delivering savings and pushing people away from the justice system’.
‘This is not a debate that is just about resources, but how we want the justice system to operate in a mature and modern society,’ he said.
Criticising the ‘litigious society’, Djanogly said the courts are too often seen as the first resort rather than the last. Instead, he said individuals should play a greater role in solving their problems.
The courts should only be used when a genuine point of law arises or where a person’s liberty or security is threatened, he said.
‘[The courts] should not be used as arenas of conflict, argument and debate when a more mature and considered discussion of the issues at hand between parties could see a better outcome for them,’ said Djanogly.
The minister said more needed to be done to educate people about the alternative dispute resolution (ADR) options available.
‘In this, I believe the legal profession has an invaluable role to play, by supporting people in taking a less adversarial and a more collaborative approach to solving their problems,’ he said.
To increase its support for mediation Djanogly announced the government would introduce proposals to build on the success of the small claims mediation scheme, and relaunch the pledge that requires government departments to use ADR where appropriate.
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