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Approximately 95 of legal cases get settled before they reach the courtroom Unfortunately the vast majority of those are achieved on the courthouse steps Ross 1997 32 years after their filing date and at an average cost of 38000 per case Ross 1997 8 In Norman A Ross book You be the Judge he defines ADR as Alternate Dispute Resolution or Appropriate Dispute Resolution terms used to describe non-traditional processes involving forms of negotiation or adjudication used to resolve disputes peacefully Examples include mediation arbitration conciliation negotiation early neutral evaluation fact-finding and mini-trial Ross 1997 163 The greatest benefits of ADR are that consumers today want quick and affordable service ADR simply affords people that ability Mediation specifically which has been adopted by many legal systems including becoming part of the legislative process in Ontario as of January 31 1997 has by far the most benefits and should be used over other more costly and lengthy forms of dispute resolution such as litigation This will be demonstrated through an explanation of the legislative process and its need for change the process of mediating and the advantages of using mediation over other forms of dispute resolution Canadas provinces all except Quebec use the common law system that originated from England and its feudal or common culture where judges were the chief instruments of government They were sent out on circuit to all the different countries to oversee regional administration deal with criminals and settle local disputes In doing so they gradually built up a law that was not particular to any locality but common to the whole realm What they created was the common law of England Fitzgerald 1994 13 From the beginning the responsibility of resolving common law disputes has fallen on the shoulders of the judge who used the adversarial adjudicative process of litigation and the principles of stare decisis to decide the winners and losers of the case In other
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