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: Paperback / softback
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. JDR, often referred to as mediation or alternative dispute resolution (ADR), differs from traditional mediation in that it is administered by a judge rather than a private mediator. 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 allowed to examine the records and engage with the parties involved in nine illustrative cases.

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 practical aspects of JDR, showcasing how judges employ various techniques and strategies to encourage litigants to reach mutually acceptable solutions. The authors highlight the advantages of JDR, such as its efficiency, cost-effectiveness, and ability to preserve relationships between parties.

Throughout the book, the authors draw upon real-life examples and case studies to illustrate the effectiveness of JDR in resolving disputes. They showcase the diverse range of issues that can be addressed through JDR, including family law, intellectual property, and commercial litigation. The cases presented provide a deep insight into the process, challenges, and outcomes of JDR, shedding light on the role of judges in facilitating problem-solving and promoting justice.

One of the key strengths of this book is its ability to bridge the gap between theory and practice. The authors provide a clear and concise explanation of the legal framework and principles underlying JDR, while also offering practical insights and tips for judges and practitioners. They offer valuable advice on how to navigate the complexities of JDR, including effective communication, conflict management, and decision-making.

Moreover, the authors emphasize the importance of transparency and confidentiality in JDR. They acknowledge that the confidentiality of the process is crucial in fostering trust and promoting open dialogue among litigants. They discuss the measures taken to maintain the confidentiality of JDR, including the use of protective orders.

In conclusion, this book is a valuable contribution to the field of dispute resolution. It provides a comprehensive and insightful exploration of judicial dispute resolution, shedding light on its origins, principles, and practical applications. Through real-life examples and case studies, the authors demonstrate the effectiveness of JDR in resolving disputes and promoting justice. The Teaching Appendix is a valuable resource for legal professionals and students seeking to understand the nuances and applications of JDR in the legal field. This book is a must-read for anyone interested in advancing the field of dispute resolution and promoting more just outcomes in the legal system.

Weight: 454g
Dimension: 229 x 153 x 26 (mm)
ISBN-13: 9781839988981