The idea that there is only one just result of every dispute, which only the court can deliver is, I believe, often illusory, according to Justice Jonny Havelock.
“Litigation has a cost, not only for the litigants but for society, because judicial resources are limited and their cost is usually borne – at least partly – by the state.”
Justice Havelock feels that parties should be strongly encouraged to attempt mediation before resorting to litigation. ADR in general and mediation in particular, where it is the appropriate ADR mechanism, must become an integral part of our litigation culture.
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