The system is close to collapse

The Toronto Star' s Saturday edition article on "The dark side of justice" is excellent. The star should be commended on an excellent article. Legal aid, in civil cases, save and except for family law matters is rarely available. Without legal aid, very few litigants can afford to litigate. The system is close to collapse stated one lawyer who did not want his name used. The administration of justice is under a great deal of stress and is on life support.

"Reform is necessary. Common sense and justice should prevail over too many useless rules that only add to the cost of litigation", stated another lawyer.

Many civil litigators state confidentially that they could not afford to go to court. Moreover, even if a litigant is successful collecting on the judgment is very difficult. As a former Court of Appeal Judge stated: " If you cannot collect on the judgment it is not worth the paper it is printed on."

At the same time we all have to work harder to make the sytem work as there are no other good alternatives. One alternative method of dispute resolution, within our present system,  is Mediation. It is more cost effective and the parties agree upon the mediator. Mediation is a good alternative provided the parties act in good faith. Without good will to resolve the dispute it only adds to the cost of litigating and ends up costing more money and time.