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The LCJ is quite right. But what he says is also true of mediation.

Dame Hazel Genn wrote a powerful piece on this some years ago.

The reduction in litigtion over thE last 25 years has also had a dramatic effect on the judiciary. With barristers in their formative years having litle experience of the travails of the ordinary citizen and small business, new appointees to the banch have little experience of important elements of society. Hence the "black letter " judges and the apparent immunity of the banks from serious sanctions for unconscionable conduct.

Robert Morfee