This chapter continues our discussion of JDR SPECs (Specialized JDRs) as described in Chapter 16 from the perspective of trial judges who do SPECs. We are interested in why judges might want to take on SPECs, which are unusually difficult JDR assignments.

SPEC JDRs started in Alberta around 2015 when the then-chief justice asked one of his experienced JDR judges to tackle some of the court's most difficult and time-consuming cases slated for several months’ court time. In preparation for the SPEC JDR, the judge called the parties into open court to propose this special JDR and to help him create tailor-made procedures, such as identifying the most critical pieces of evidence and considering if the parties wanted a “minitrial” within the JDR. This collaborative approach, particular to each case, meant each SPEC had slightly different procedures. They took longer than typical JDR cases—running about three days—but like typical JDRs, the settlement rates were very high, exceeding 80 percent.

As discussed in the previous chapter, SPECs are directed at resolving complicated litigation involving parties who have been in a serious disagreement. Given the amount of work involved, why would a judge want to be assigned to such a case, or be added to a SPEC roster? The answer is not immediately apparent. First, such cases have probably been in litigation for many years, often including appeals and returns to trial court; the record can be voluminous. Some SPEC cases include upwards of 100,000 pages of discovery and written and oral depositions; a judge's workload can be quite onerous. Second, the preparation time required is extensive especially when complicated by the fact that jurisdictional lines have been crossed.

JDR has evolved to handle challenges like these, but the work depends on the abilities of the SPEC JDR judge. A SPEC process might involve both a hearing and a mediation, or both. SPECs are almost like conducting a mediation, negotiation and trial all at the same time. There are opening and closing statements as well as witness statements that can happen all at once, with none being available at the beginning of the trial. SPECs are time consuming and the energy required of the judge is substantial.