Australian citizens often do not appreciate having access to a fair legal system. Being able to have a hearing is something that should be available to everyone. However, the costs associated with legal trials is often a deterrent to people who do not earn high incomes. Steep increases in litigation costs are one factor that is making it harder for “average” Australians to seek their own justice. And then there are the alternatives for dispute resolution, which seemingly work to encourage people to forgo litigation.
A problem arises because there is a risk that people who have enough money, including government bodies and large corporations, have access to litigation. If they cannot use mediation to get what they want, this is a viable option for these groups. On the other hand, people without the monetary means are left accepting alternative dispute resolution (ADR) decisions. Even when your average person wants to pursue a matter with litigation, they often just do not have the money to do so.
It does save a lot of time and money, when people are encouraged to seek mediation to solve their disputes. It can also save people the hassle of entering a courtroom, and dealing with a full-blown trial. Using the high costs as a way to drive people toward ADR could be creating a two-class system in regards to the law. Read more on Alternative dispute resolution