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.