Description
Book SynopsisThis book describes the ways in which judges, using JDR, have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. JDR or judicial dispute resolution is similar to mediation (or alternative dispute resolution – ADR, as it is sometimes called), but it is provided by a judge, not a private mediator. Very little has been written about JDR, especially in Canada where it has been pioneered for several decades, because all the records have remained confidential. The story can now be told because the authors were given exclusive access to the records and the parties (including the JDR judges) in nine illustrative cases.
The authors provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR.
Trade Review“A deeply thoughtful treatment of judicial dispute resolution. The authors are clear-eyed both about the potential benefits of these evolving processes and about their limitations. The book offers compelling case studies, curated to provide readers with a thorough understanding of an opportunity for modern judges in all legal systems.” — Michael Moffitt, Philip H. Knight Chair in Law, Faculty-in-Residence, Clark Honors College, University of Oregon.
“Judges sit at the apex of dispute resolution processes. When all else fails, one or more of the parties may seek a judicial resolution of their dispute. As the three authors point out, this is neither efficient (it comes far too late in the process) nor satisfactory (it promotes winners and losers and seldom “resolves” the dispute). There is a better way! Judicial dispute resolution or JDR. It imagines a far more creative role for judges and that in turn will often lead to better results for the parties. This, however, will require a different orientation and skill set from the parties, and a select group of judges who have both the desire and the aptitude to embrace the unique skills of judicial dispute resolution. This book offers important insights into how both might be achieved.” — D. Paul Emond, Professor Emeritus, Osgoode Hall Law School, Founding Director, Part time instructor, LLM in Dispute Resolution, York University.
“An interesting book at once useful for the experienced mediator as well as the aspiring novice, filled with insightful advice based on a wealth of experience. Creativity is the secret to successful mediation and the authors have heartedly contributed in that regard in their resourceful work. I recommend it to everyone engaged in the important field of ADR.” — The Honourable Warren K. Winkler, O.C., O. Ont., K.C., LL.D. (Hon.), former Chief Justice of Ontario.
"Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice" describes the ways in which judges, using JDR (Judicial Dispute Resolution), have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. [...] The three co-authors also have collaborated to provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR. [...] This book is especially recommended for college and university Judicial Studies collections and supplemental Arbitration/Negotiation/Mediation law school curriculum studies lists —Midwest Review
Table of ContentsForeword; Chapter 1: Introduction; Chapter 2: Judicial Dispute Resolution (JDR) around the World; Chapter 3: The History of JDR in Canada; Chapter 4: JDR’s Response to the Weaknesses of Litigation; Chapter 5: ADR v. JDR; Chapter 6: JDR Produces Satisfactory Results: The Divorce Case; Chapter 7: Advantages and Disadvantages of JDR; Chapter 8: Justice and Fairness in JDR The Motor Vehicle Accident with Pedestrian Case; Chapter 9: Types of Judges: Skill, Temperament, and Attitude in JDR Temperament in an Estate Dispute Case; Chapter 10: Confidentiality and Privacy in JDR; Chapter 11: Which Cases are Unsuitable for JDR?; Chapter 12: Juggling Complexity in JDR The Falling Rocks Case; Chapter 13: Divergent Interests of Adversarial Lawyers and Their Clients; Chapter 14: JDR and the Role of Precedent The Medical Malpractice Case; Chapter 15: The Importance of a Robust JDR Intake System; Chapter 16: The Chief Justices and How to Triage Special (SPEC) JDR Cases; Chapter 17: Specialized JDRs (SPECs) A Look at Three Cases and the Impact of the COVID-19 Pandemic; Chapter 18: How to Prepare for and What to Do During a JDR The Power Pole Case; Chapter 19: The New World of Online Dispute Resolution (OJDR); Epilogue: The Future of JDR; Bibliography; Appendix; Teaching Guide; Case Studies; 1. The Contaminated Land Case; 2. The Divorce Case; 3. The Motor Vehicle Accident with Pedestrian Case; 4. Temperament in an Estate Dispute Case; 5. The Negligent Land Transfer Case; 6. The Falling Rocks Case; 7. The Medical Malpractice Case; 8. The Power Pole Case; 9. The Well Fire Case; Index
