He's not happy ...
I didn’t have time back in October to write about two connected stories that hit the legal press. Firstly the Gazette reported Lord Woolf raps solicitors for CPR failings. If you look at the url for this story it appears they originally wanted to use “slams” instead of “raps”. Whatever, it’s clear Lord Woolf is unhappy that solicitors have failed to implement key reforms such as mediation to help reduce the costs of litigation. The Gazette says:
Large City law firms have not worked to reduce fees by going to mediation, he said, but have snared business in the ‘blackmailing situation’ of costly litigation…
Woolf also attacked the judiciary for stalling his reforms by not managing cases properly and allowing an ‘encrustation of case upon case’…
The duty to manage actively includes of course the duty at CPR 1.4(e) to encourage the parties to use mediation and other forms of ADR.
In a related story the Gazette reported that a surge in unfair dismissal and redundancy claims was putting tribunals under strain. It is related in the sense that workplace mediation is yet another area where mediation has yet to become an integral part of the process. Long case delays will continue until lawyers become comfortable with and experienced in the mediation process and tribunal chairs insist upon it’s use more often. Any hopes of further investment in staff for the tribunals is forlorn in the current economy.
Is Lord Woolf fair in his criticism? Can mediation help the administration of justice in employment cases? Do comment below.
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