Monday 22 November 2010 at 1:43 pm | In News | Post Comment
Lord Neuberger Master of The Rolls
Lord Neuberger the Master of The Rolls has warned that mediation ‘cannot be a substitute for justice’. His view does not appear to be in line with government proposals to replace many legal aid-funded cases with ADR soluctions, especially for private family law cases..

Lord Neuberger said,

‘If we expand mediation beyond its proper limits as a complement to justice, we run the risk of depriving particular persons or classes of person of their right to equal and impartial justice under the law.

‘It is an elementary constitutional proposition that the civil justice system is part of the third branch of government – hard though it sometimes seems to be for some people in the other two branches, the legislature and the executive, to grasp.

‘… The courts system is part of the state itself. To suppose the civil justice system is by nature a provider of services to consumers akin to a dispensing chemist, a shoe shop, a train operator and so on, is fundamentally – and dangerously – wrong.’

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