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I disagree with Mr Cockshutt. There are few areas of law where arbitration cannot be used to great effect. I say that as both an Advocate and as an Arbitrator. Some of the highest value and most technically complex legal disputes are resolved through arbitration each year and in cross boarder and international disputes, arbitration is king.

We have already privatised the construction dispute sector, with statutory adjudication, and boundary and land disputes being settled by Surveyors. That has worked rather well for over 22 years. Construction even has its own court in the TCC with specialist judges and advocates trained in all things construction like. The many adjudications and arbitrations that go through the system every year are nearly always decided with a Surveyor, or an Architect or an Engineer sat as the decision maker. There is simply no reason why a housing court, working along the lines of an arbitration rather than litigation based system should not be effective, and given time, would become as specialist as the TCC. Although I admit it will depend greatly on the qualification of those sitting in judgement.

Mr Cockshutt has a point about precedent and arbitration; however civil jurisdictions throughout the world find a way of working without common law precedent. I think we should give it a chance.