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It is the lack of resources as a result of this and previous Governments' attitudes to pay for the Justice systems that has brought about the near collapse of the systems.
Unfortunately the Government thinks that Justice is its gift to the nation and those who may need to access it should be grateful for the systems as they are. The concept of self-funding is a thin disguise for cuts and limited access. Less money spent appeals to those who don't believe that access to Justice is a right. Therefore mediation and arbitration and the high costs of lawyers are the whips used to beat the Justice system to death, on the basis that these alternatives are just as effective at delivering Justice.
So mediation is offered as an alternative to the court battle even though so very few family cases go to trial. A myth has been created and is perpetuated as to why mediation is such an effective alternative to the court battle without any reference to the truth of how family disputes are in fact resolved ie lawyer assisted negotiation.

However, as a profession, we have failed to ensure the popular discussion is on the issue of access to justice and instead we have been portrayed as being interested only in our fees. The sooner we redirect the conversation to access to justice and stop talking about our fees the sooner the Government's assault on the rights of the citizen will be examined more closely.

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