I have been contemplating the complexities surrounding litigation and its widespread effects; the system often frustrates many, and I find myself advocating for the overhaul of the litigation process.

 Applying Bentham’s utilitarianism theory, which emphasises the greatest happiness for the greatest number, highlights why reform is essential – the need to align social values and government legislation with this principle.

For example, litigant’s delays while awaiting justice often detract from their well-being. Greatest pain for the greatest number that is what litigation offers; I bet Bentham would be rolling in his grave! Remember, he called for subsidies for the cost of legal fees. He also proposed that an ‘Equal Justice Fund’ be established, supported by fines imposed on wrongdoers, government funds, and charitable donations (Judith Resnik, Bring back Bentham…).

 He sure wanted legal reform that would swiftly dispense justice! I believe he meant ADR. As jurisdictions have increasingly recognised the value of Appropriate Dispute Resolution (ADR), it is clear that these methods are efficient and effective(usually provide faster, more satisfactory outcomes for those involved).

 I strongly advocate for ADR as the only valuable approach to achieving justice- without resorting to litigation, as it often results in prolonged conflicts, leading to harmful perceptions and divisiveness among people. By wholly embracing ADR, we can promote understanding and cooperation, fostering a more inclusive, equitable environment where everyone’s needs are considered, and wealth and privilege do not dictate outcomes.

 ****mumbling under my breath while typing this-overhaul litigation now and bring back utilitarianism !

What are your thoughts?

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