Alternative routes to justice

30 June 2023

The Ministry of Justice’s (MoJ) most recent quarterly report on the effectiveness of court claims appears to question whether this route provides justice.

The key conclusions to be drawn from the are as follows:

1. Multi/fast track claims now take an incredible 79.9 weeks before going to trial, from the most recent data of January to March of this year. This is an unparalleled delay and is a staggering 21.4 weeks longer than in 2019.
2. Small claims cases, now take an average of 51.9 weeks to reach trial, this startling number shows a rise of 14.9 weeks when compared to the pre-Covid era in 2019.

Furthermore, it has also been widely reported that court users may face a postcode lottery when accessing justice, as there are significant variations in court performance based upon the location of the court.  For example, court delays in Dartford are now running at 829 days, with Blackpool performing the best with waits of just 79 days.

Never has it been more important to take into account alternate dispute resolution procedures outside of the regular court system.

One such option that merits consideration is mediation. In mediation, a neutral mediator facilitates discussions between the parties involved to help them reach a mutually agreeable resolution. Unlike a Court judgment, mediation does not result in a binding decision unless both parties reach a settlement. Mediation promotes open communication, collaboration, and creative problem-solving, often leading to satisfactory outcomes without the need for a protracted court battle. Mediation also offers solutions the Court cannot order, especially important if the parties want to keep the commercial relationship alive.

Depending on the nature of the disagreement and the parties involved, other options worth considering include arbitration, negotiation, conciliation, and ombudsman schemes. These methods offer more flexibility, efficiency, and cost-effectiveness by allowing chances for settlement outside of the legal system.

While the current court system’s delays present serious issues, they also serve as a reminder to look into and embrace other conflict resolution options. We can lessen the burden on the court system, shorten processing times, and ultimately assure prompt and open access to justice for all by expanding the options for legal conflict resolution.

If you want to discuss other options to resolving a dispute please get in touch with the Dispute Resolution team at Backhouse Jones. The team prides itself on looking for practical and cost effective solutions to disputes and has 3 senior members who recently trained as mediators, Director Steven Meyerhoff and Associate Directors James Lomax and Libby Pritchard.