21
system to an overarching decline in confidence in externally imposed solutions and in
the professionalism of lawyers.88 In Canada, Chief Justice McLachlin argues that the
increase in litigation attests to the continuing confidence the public has in the courts.89
Landerkin & Pirie argue that JDR may be under stood as an expression of the
judiciarys cont inuing commitment to justice, both inside and outside the formal
trial.90 As such, it coul d be used as a way to regain or strengthen support for, and
confidence in, the justice system.91
E. Role of Professional Law Reform Agencies
[69]
One could not leave this topic at a conference of this nature without adding a
word about the role of professional law reform agencies.
1. Current involvement
[70]
I could discern no distinct pattern in the involvement of professional law reform
agencies in ADR. Some agencies such as the Australian Law Reform Commission,92
the Law Reform Commission of Western Australia,93 and the Law Commission in
New Zealand94 have conducted major civil justice system reform projects. In other
jurisdictions, major studies have been conducted by government-appointed
commissions, task forces or committees.95 The Alberta Law Reform Institute has
passed into the land of law reform and ADR through the back door in its project to
recommend a complete revision of the Alberta Rules of Court.96 Several agencies have
undertaken studies of lesser scope that relate to particular aspects of ADR.97 Decisions
about how to proceed with issues relating to reform of the civil justice system and the
use of ADR likely have to do with political exigencies (legitimacy) and pragmatic
choices (capacity) within individual jurisdictions. By legitimacy, I refer to factors
such as: the agencys mandate; the respect or esteem which the law reform agency
enjoys (how it is perceived by government, the courts and the community); and the
priorities and personalities of the key players. By capacity, I refer mainly to the
agencys resourc es (money, expertise, other program commitments).
2. Potential contribution of professional law reform agencies
[71]
One thing is certain. Law reform agencies can achieve little on their own. The
topic of law reform and ADR is closely tied to civil justice system reform. The web is
complex. Collaboration among many players is required to achieve significant change
(e.g., government, the judiciary, the legal profession, court administrators, ADR