Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice

Judicial dispute resolution (JDR) is a process where judges facilitate problem-solving among litigants to ensure more just outcomes. It is similar to mediation, but provided by a judge rather than a private mediator. This book describes JDR in Canada, where it has been pioneered for several decades, and provides exclusive access to confidential records and parties in nine illustrative cases. The authors also include a Teaching Appendix summarizing the cases from a variety of legal specialties.

Format: Hardback
Length: 288 pages
Publication date: 16 May 2023
Publisher: Anthem Press

This book delves into the fascinating realm of judicial dispute resolution (JDR), a unique approach employed by judges to facilitate problem-solving among litigants and ensure more just outcomes. While JDR shares similarities with mediation (also known as alternative dispute resolution – ADR), it differs significantly in that it is administered by judges rather than private mediators. Despite its significant impact, JDR has received relatively limited attention in the literature, particularly in Canada, where it has been pioneered for several decades. However, the story behind JDR is now unfolding thanks to exclusive access granted to the authors, who were able to examine nine illustrative cases that showcase the effectiveness of this approach.

In this comprehensive work, the authors offer a comprehensive Teaching Appendix that summarizes the JDR cases from various legal specialties, highlighting the distinctions between JDR and ADR. The appendix provides a valuable resource for legal professionals and students seeking to understand the nuances and applications of JDR in the legal field.

The book begins by providing an overview of JDR, explaining its origins, principles, and benefits. It then delves into the nine illustrative cases, each presenting a unique set of challenges and outcomes. Through these cases, the authors illustrate how JDR can effectively address complex legal issues, promote settlement, and foster a more collaborative approach to dispute resolution.

One of the key strengths of JDR is its ability to provide a neutral and impartial forum for dispute resolution. Judges, as impartial third parties, can ensure that the parties involved have equal opportunities to present their cases and arguments, and can make objective decisions based on the law and the evidence presented. This impartiality helps to reduce the likelihood of bias and promotes fair and just outcomes.

Another advantage of JDR is its flexibility. Judges can tailor the process to meet the specific needs and circumstances of each case, allowing for a personalized approach that considers the interests and priorities of all parties involved. This flexibility ensures that the resolution achieved is tailored to the specific needs of the litigants, promoting a more satisfactory and long-lasting resolution.

Furthermore, JDR can be particularly effective in resolving disputes that involve sensitive or complex issues. By providing a confidential and non-adversarial environment, JDR can encourage parties to engage in open and honest dialogue, which can lead to a deeper understanding of the issues at hand and a more creative and mutually beneficial resolution.

The book also highlights the importance of collaboration and communication in JDR. Judges play a crucial role in fostering these qualities among the parties, encouraging them to work together towards a common goal. This collaborative approach not only promotes settlement but also helps to build stronger relationships between the parties, which can be beneficial in the long term.

In conclusion, this book provides a valuable contribution to the literature on dispute resolution. By exploring the use of JDR in a variety of illustrative cases, the authors demonstrate the potential of this approach to promote more just outcomes and foster a more collaborative approach to dispute resolution. The Teaching Appendix offers a comprehensive summary of the cases, making it an essential resource for legal professionals and students seeking to understand the nuances and applications of JDR.

Weight: 572g
Dimension: 158 x 236 x 24 (mm)
ISBN-13: 9781839988660