CLIENT GUIDE TO Judicial Dispute Resolution What is Judicial Dispute Resolution? Judicial Dispute Resolution, or “JDR”, is a voluntary, confidential dispute resolution process. Its primary purpose is reaching a settlement on some or all of the issues in a lawsuit, with the assistance of a judge. What is the JDR procedure? In a JDR, the parties to a lawsuit and their lawyers meet with a judge at the courthouse. The exact format of each JDR will vary slightly depending on the current practice for the court involved and the preferences of the parties and the judge conducting the JDR. However, in general, the lawyers will prepare written submissions for the judge (“briefs”) well before the JDR date, and provide these briefs to the judge and to each other. Each brief will set out that party’s case, presenting the facts as that party understands them, the legal arguments in support of that party’s case, and outline the evidence and law supporting those submissions. These briefs help the judge to understand the important issues in the lawsuit and help each party understand the other side’s point of view. 2000, 10235 - 101 Street Edmonton, AB T5J 3G1 PH: 780.423.3003 400, 604 - 1 Street S.W. Calgary, AB T2P 1M7 PH: 403.260.8500 201, 5120 - 49th Street Yellowknife, NT X1A 1P8 PH: 867.920.4542 www.fieldlaw.com On the actual day of the JDR, the parties to the lawsuit and their lawyers meet with the judge at the courthouse. Each of the parties is usually given the chance to explain their side of the story, and each party’s lawyers will make submissions in support of their case, usually based on the briefs they have submitted. After hearing from all the participants, in Edmonton, the judge will then tell the parties what ruling the judge would have made if the JDR evidence and argument had been presented to them at trial, and the reasons for that decision. After the judge gives his or her opinion, the parties usually engage in settlement negotiations, often without the judge present. In Calgary, most judges work with the parties after the initial submissions to try to reach settlement and do not give an opinion on the likely result at trial until much later in the process. The judge’s opinion in a JDR is nonbinding, unless the parties agree otherwise. The judge’s opinion is not an official court judgment, so it cannot be appealed. If here is no settlement following a JDR, and the matter proceeds to trial, the JDR judge cannot be the trial judge. The JDR judge will not share any information about the JDR with any other judge. Where does the JDR take place? A JDR usually takes place in a conference room at the courthouse or, occasionally, in the judge’s office (“chambers”). On rare occasions where a conference room would be too small to accommodate all the people involved, the JDR may be held in a courtroom. However, if the JDR is held in a courtroom, it is not open to the public. How long are JDRs? The length of a JDR varies with the complexity of the case and the number of issues that need to be dealt with. Most JDRs are scheduled for half a day to a full day. Judicial Dispute Resolution Why do a JDR? The goal of a JDR is to help both parties to settle some or all of the issues in the lawsuit. The key benefit of a JDR is that both parties can hear a judge’s objective assessment of their case. The judge’s assessment gives each party a sense of the strength of their case and the likely outcome at trial, and this usually provides a starting point for settlement discussions. Most cases settle at or very soon after the JDR is held. • • • What are the downsides to JDR? • • When is a JDR appropriate? • JDRs work best in cases where the parties are willing to consider settlement, but have been unable to resolve differences of opinion about certain issues in a lawsuit (e.g. the degree to which each party is responsible for the damages suffered, or what range of damages would be suitable in the circumstances). • Although most lawsuits involve some degree of conflicting evidence and questions of witness credibility, JDRs are not as well-suited to disputes that turn largely on questions of credibility and conflicting evidence. The JDR process is also not generally useful if the client wants to have the court make a decision that will set a legal precedent (e.g. constitutional disputes). gives the parties a sense of what to expect, both from the court and from the opposing parties, if the lawsuit proceeded to trial. allows the parties to maintain their privacy because the JDR, unlike a trial, is confidential and not held in open court. there is no charge for the judge’s time A JDR is voluntary, so a party cannot be required to participate There is a substantial cost to prepare detailed briefs The JDR judge’s opinion is based on limited information without the procedural protections of a trial (e.g. rules of evidence and ability to assess the credibility of witnesses) and once given it might be difficult for the “unsuccessful” party to convince the other side to settle on a different basis Due to the popularity of JDRs it is often difficult to obtain a JDR date quickly JDRs are usually held after examinations for discoveries are completed, so that each side can be satisfied that they have all or most of the essential facts and evidence in support of their case. What are the benefits of a JDR? A JDR: • promotes settlement, even in cases where prior negotiations have failed, by facilitating discussion between the parties and getting feedback from a judge. • allows for solutions that wouldn’t be available if the matter went to trial (e.g. letters of apology, reference letters, rather than just damages) • is usually faster, takes less time and is less expensive than a full-blown trial would be. • gives the parties an opportunity to have their case heard by a judge, without having to deal with the expense and time commitment of a trial. Disclaimer The Information provided in this Client Guide is general in nature and is not intended to replace specific legal advise in individual circumstances. For more information, please contact your Field Law Lawyer.
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