Thursday, 26 May 2011

Court delays

After posting my other blogg I came across the following report released today: "A Preliminary Study on Civil Case Progression Times in New Zealand", by Otago University reasearchers.  I think it reflects some of my earlier comments about cultural change and inceintives.

It covers a lot but the following caught my attention:

  • Hon Geoff Davies, a retired inaugural judge of the Queensland Court of Appeal, which is part of the Supreme Court of Queensland, had warned there may be "a subconscious reluctance" on the part of lawyers, due to their adversarial mindset and perception of litigation as a business, to embrace reforms, which they perceived would reduce the fees they were able to charge. 

The report also refers to the role that local legal culture plays in assisting.  The term "local legal culture" refers to informal court system attitudes, practices, expectations, practitioner incentives, and professional courtesy. 

What are the incentives required for practitioners to adopt ADR into their practice routines?  

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