23
d. Informed foundation for decision
[76]
Law reformers must do their utmost to ensure that decisions about ADR and
civil justice system reforms are well-informed. We can seek out, or urge the collection
of, relevant statistical data or other empirical information to assist our understanding
of patterns of use of ADR services and the courts, gaps in service, user satisfaction,
areas of frustration.99 We can make use of knowledge gleaned from other disciplines
(the behavioural sciences, organizational and managerial expertise, communications
technology). Landerkin and Pirie speak of Roscoe Pounds optimi stic outlook on law
constant ly enriched through the wellspring of ideas and theories of other
disciplines.100 For Pound:101
This multi-disciplinary weaving of knowledge, from fields such as
economics, political science, philosophy, psychology, sociology and
religion into the social fabric of the law, created a new synthesis
whereby law adapted to a new, modern, complex world.
We can familiarize ourselves with the experiences in other jurisdictions while keeping an eye
on cultural differences that may pull differently on the strands of the civil justice web in our
jurisdiction.
e. Communication
[77]
Law reformers may carry out a role in facilitating communication and promoting
collaboration among the institutions (government, court) and sectors of the community
(legal profession, ADR professionals, public interest groups) that share the goal of
improving dispute resolution. We may also perform an educational function by
drawing attention to questions that ought to be addressed.
f. Measured response
[78]
Law reformers should contribute a balanced judgment, a measured response, to
the law reform conversation. Where the zeal for reform becomes unbounded, we can
temper the passion with reality. Where the need for change is obscured by immediate
demands, we can sow the seeds of change, nourish them and wait patiently for their
growth.
F. Conclusion
[79]
The civil justice system is rapidly changing and ADR has exerted a major
influence on the changes. The civil justice system, traditionally signifying a process of
adversarial litigation leading to adjudication, is now comprised of a range of dispute