lineThose of us who practice in court know the failings of the court system all too well. We are the ones who have to explain to our clients why the procedural aspect of litigation dominates. Clients really understand why justice is so slow and prodding. It is not lost on clients that Judges are sometimes unprepared or indifferent, while others greatly exceed their constitutional role by imposing outcomes on cases that they personally think should occur.
I do not think it is any great surprise to those of us in the business that the system is seriously flawed and broken. Few clients come through the court system believing it was anything more than time, money and frustration.
Arbitration offers an alternative, which continues to grow. International arbitration systems such as offered though WIPO are gaining hold. In many matters where the amount in controversy cannot justify the fifty to one hundred and fifty thousand dollar attorney fee it will cost to wan your way endlessly through the court system simply does not make sense.
We as lawyers have a responsibility to create competition for our court systems and alternatives for our clients. In a way, our court system has operated as a monopoly and grown fat and pompous. By exploring alternatives with our clients, we may someday wake up our failed court system and apply market forces in a little good old fashion competition.