I was privileged to engage in a stimulating and thought-provoking conversation with Tony Guise on Expert Views on ADR (EVA) Vid/Podcast Show. In different capacities, Tony Guise has been at the heart of every major #civil #justice #reform of the past Thirty (30) years.

Notable successes include the formation of the Civil Justice Council (CJC) in 1997, the campaign for new court accommodation in 2007 that became the Rolls Building, and, in 2013, #costs budgeting.

Tony ceased to practice as a commercial litigation solicitor in 2016. He now works full-time as the Director of DisputesEfiling.com Limited.

His lectures concern civil justice reform and the intersection of ADR with Legal #technology. He wears many hats, so I have left the link to his profile:https://uk.linkedin.com/in/tonyguise.

In this series, Tony explored Bentham’s critiques of the legal system of Bentham's era and compared those insights to our current legal framework, highlighting how many of his ideas remain applicable today. We also included perspectives from his mentees, particularly the valuable contributions of John Stuart Mill and others.

Additionally, we discussed the application of utilitarianism in mass mediation. This approach is non-binary and flexible, making it one of the most preferred ADR methods. Tony's overarching argument is that the outcomes for parties involved in disputes would often be more favourable if they chose mediation over traditional binary methods. For example, consider the implications of processing hundreds of thousands of cases through pre-court mandatory mediation—would there be sufficient mediators and mediation advocates to manage such a workload?

Moreover, we examined whether the mediation process is prearranged as it has been in England and Wales, utilising telephone and email—both technologies dating back to the 20th century.

This highlights the necessity for innovation in legal technology; on a larger scale, we must assess success through clear criteria. For instance, are we effectively reducing waiting times and hearing durations? While resolving cases may be expedient, we must also consider parties' satisfaction levels with these resolutions.

Tony revealed that Bentham’s philosophical or hedonistic calculus underscores the need for empirical and quantitative evidence, demonstrating the potential role of legal technology in enhancing our understanding of mediation outcomes. To achieve this, Tony suggested that ADR centres implement routine evaluations at the outset and reassess after two years to gauge progress and effectiveness. Chinwe also emphasised the importance of funding and raising awareness. If the government in England & Wales & other jurisdictions actively supports ADR, it will stand the taste of time.

Chinwe likened Jeremy Bentham to Nostradamus, who foresaw future events. This comparison positions Bentham as a visionary whose ideas or thoughts on justice now align with contemporary methods of conflict resolution, such as ADR.Tony expressed his appreciation for the empirical data on public awareness from various states in the U.S. presented in my book, 'Appropriate Dispute Resolution in Comparative Perspectives in Nigeria, the U.S., and the UK.' This evidence serves as a strong foundation for advocating greater investment in and awareness of ADR processes.

You can order my book, 'Appropriate Dispute Resolution in Comparative Perspectives Nigeria, the UK, and the US,' via #springer: https://link.springer.com/book/10.1007/978-3-031-57476-4.

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