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professionals, community service providers, the public). What is more, innovations in
ADR tend to be practice-driven.
[72]
Given this environment and these complexities, I have tried to identify some of
the skills, attitudes and perspectives that professional law reform agencies can
contribute to the current wave of activity bent on improving dispute resolution. The
attributes I have focussed on are by no means unique to the topic of law reform and
ADR. They identify what we (and, no doubt, others) strive to do whenever law reform
is under consideration.
a. Open mind
[73]
Law reformers need to keep on open, inquiring mind a mind that is steeped in
philosophical foundations, attuned to fundamental principles and values (justice,
order, respect, accessibility), alert to shifting societal behaviours, and skilled at
identifying options and weighing choices..
b. Wide angle lens
[74]
Law reformers are able to view the relationship between ADR and the civil
justice system through a wide-angle lens. We are well-positioned to step back and
regard the spiders web from a dis tanced perspective: to see relationships; to identify
similarities and differences in approach; to gauge the strengths and weaknesses of the
strands, the elasticity; to predict effects (what happens when the strands are pulled)
that might be less obvious to persons who are immersed in the immediacy of political
exigencies or the disputes before them (demands for service and results); and to knit
theory and practice.
c. Long-term view
[75]
Law reformers should take a long-term view. We should not fall prey to the
attraction of a strand simply because it carries the trend of the day. Instead, we should
continually bear in mind the fundamental purpose and responsibilities of courts, the
persons they serve (individually and collectively), and the importance of their
endurance over time. It is essential to maintain public confidence in the courts by
holding high the core values of society.98