The LCJ has a worthy point. How can the common law develop, particularly in this digital, modern age, without cases to decide? However, the obvious response from parties and practitioners is that they have been priced out of the Courts, both by Court fees but also unacceptable delays due to the lack of resources in the civil court system. Additionally, there is the ever increasing costs threat of failing to mediate / arbitrate. The availability of high quality mediators and arbitrators, including many former judges, inevitably means that parties can attempt to settle their differences more quickly, more cheaply and on their own terms. The use of the court, regrettably, is often a very poor second choice.