The right of access to justice, which is embodied in the right to fair hearing, forms the cornerstone of our civil justice system. However, in recent years, the civil justice system in many common law jurisdictions has suffered from the common problems of long delays, sheer complexity and prohibitive legal costs such that it is no longer able to deliver justice. Many jurisdictions have introduced major reform to their civil justice system and advocated for greater use of mediation as an alternative means of dispute resolution. This paper argues that mere procedural reform would be insufficient to address these issues. It also takes a critical look at the popular trend of promoting mediation and warns that not all cases are suitable for mediation.