Book contents
- Frontmatter
- Contents
- Foreword
- Acknowledgments
- 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
- Index
Epilogue: The Future of JDR
Published online by Cambridge University Press: 28 February 2024
- Frontmatter
- Contents
- Foreword
- Acknowledgments
- 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
- Index
Summary
We have reported on the outstanding success of JDR in Canada. Our findings should encourage those in positions of power and responsibility to expand the availability of JDR both in terms of SPEC for complex cases caught for years in the vortex of the legal system, as well as JDR more generally because it enhances the quality of justice, reduces the cost of funding the judiciary, and speeds the disposition of legal claims.
JDR enhances the quality of justice in seven ways: (1) it gives plaintiffs and defendants more control over the outcome of the disputes; (2) it allows cases to be treated as the unique matters that they are, rather than pinning results to precedents set in other places and times when the circumstances may have been only somewhat similar; (3) it takes full advantage of the knowledge, skill, and stature of judges, but still leaves matters in the hands of clients and their lawyers; (4) it seeks to maximize the value to both sides in every legal dispute, rather than just picking a winner and a loser; (5) it improves relationships between the parties; (6) it gives certainty of result to the parties who might be experiencing unmanageable ambivalence about a conflict and (7) it preserves and sustains the public's faith in legal institutions as sites where peacemaking is fostered and conflicts are resolved.
In the long run, JDR builds citizens’ capacity to deal with their very personal and emotional differences in peaceful and collaborative ways rather than increasing the litigious nature of society. JDR certainly makes sense in a wide variety of family law and other civil suits and it could help in some criminal matters as well, especially in terms of sentencing (building on the restorative justice and Aboriginal justice systems) or diversionary programs.
Decisions to expand Canada's JDR system are completely in the hands of the chief justices of the various provincial and national courts. Under the banner of improving case management, they can build on JDR's advantages; no further legislation is needed from Parliament. As JDR grows, some lawyers might have to make adjustments in how they practice and bill for time, and they might have to acquire continuing legal education to bring them up to speed.
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- Information
- Judicial Dispute ResolutionNew Roles for Judges in Ensuring Justice, pp. 167 - 170Publisher: Anthem PressPrint publication year: 2023