discretion of the decision maker (who may be a court, a tribunal or an
administrative official).
Reforming Pleading and Procedure
This model for litigation portrays a structure for litigation that is both natural
and simple. Yet presently, litigation in many first world countries is beset by
problems of cost and delay. One means of reducing these problems, even
reducing them substantially, might be to reconstruct the rules of pleading and
procedure to ensure that the case of each party is presented at the outset in a
way that conforms to this structure. This structure aids the court in identifying
the issues and in obtaining a full purview of the case. These would enable a
court to manage better the large amount of information that a case generates.
Presently this information seems to lie in a tangled heap. By managing
information better, courts should be able to manage litigation better so that
they reduce cost and delay.
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