Civil Justice, Privatization, and Democracy

"Privatization of the civil justice system has become a significant trend in Canada over the past twenty-five years and shows no signs of abating. Not only is this significant, it is also worrisome for exactly the reasons Trevor C.W. Farrow identifies in this book, particularly the negative impact on democracy. Farrow is the only person writing critically about this important topic in this country, and he is uniquely positioned to be the most knowledgeable on the subject matter." -- Jonnette Watson Hamilton, Faculty of Law, University of Calgary "Smart, thoughtful, and well written, Civil Justice, Privatization, and Democracy shows great command of the history, the problems, and the literature regarding the privatization of civil justice, as well as a mastery of the global dimensions of these issues." -- Thomas O. Main, William S. Boyd School of Law, University of Nevada, Las Vegas

Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.

Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.