Civil jurisdiction duties take up about 15% of Judge Gilbert’s time, with the rest devoted to the adult criminal court. He likes having civil cases as part of his mix.
As well as contractual disputes between individuals and/ or organisations, cases include appeals from tribunals and restraining order applications.
Since Judge Gilbert joined the bench in 2016, he has seen an increase in self-represented litigants, often for both sides in a case. “Some are capable and focused,” he says, “but generally they lack a bit of understanding of process. I think the increase reflects access to justice issues and the cost of lawyering up.”
Judge Gilbert particularly enjoys resolving cases through mediation at a judicial settlement conference, thereby saving litigants the financial and emotional cost of potentially a long, drawn-out court case. “Litigants are often relieved when they walk out of a conference,” he says. “Suddenly, they can look forward rather than keep looking back. Even if they haven’t got a result they are delighted about, as long as it’s a result they can live with, at least they can get on with their life.”
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