Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice

Lawrence  Susskind; William A. Tilleman; Nicolás Parra-Herrera

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Judicial Dispute Resolution

Judicial Dispute Resolution

New Roles for Judges in Ensuring Justice

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Lawrence Susskind, Massachusetts Institute of Technology and Harvard Law School, Massachusetts, William A. Tilleman, Columbia University, New York, Nicolás Parra-Herrera, Harvard Law School, Massachusetts and Universidad de los Andes, Colombia

Publisher:: Anthem Press
Online publication date:: February 2024
Print publication year:: 2023
Online ISBN:: 9781839988684

Subjects:: Law: General Interest, Law, Jurisprudence

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This 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.

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Judicial Dispute Resolution

New Roles for Judges in Ensuring Justice

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Foreword
pp vii-viii

Acknowledgments
pp ix-x

Chapter 1 - Introduction
pp 1-8

Chapter 2 - Judicial Dispute Resolution (JDR) Around The World
pp 9-18

Chapter 3 - The History of JDR in Canada
pp 19-30

Chapter 4 - JDR's Response to the Weaknesses of Litigation
pp 31-36

Chapter 5 - ADR v. JDR
pp 37-42

Chapter 6 - JDR Produces Satisfactory Results: The Divorce Case
pp 43-50

Chapter 7 - Advantages and Disadvantages of JDR
pp 51-62

Chapter 8 - Justice and Fairness in JDR: The Motor Vehicle Accident with Pedestrian Case
pp 63-74

Chapter 9 - Types of Judges: Skill, Temperament and Attitude in JDR Temperament in an Estate Dispute Case
pp 75-86

Chapter 10 - Confidentiality and Privacy in JDR
pp 87-92

Chapter 11 - Which Cases are Unsuitable for JDR?
pp 93-102

Chapter 12 - Juggling Complexity in JDR: The Falling Rocks Case
pp 103-110

Chapter 13 - Divergent Interests of Adversarial Lawyers and Their Clients
pp 111-116

Chapter 14 - JDR and the Role of Precedent: The Medical Malpractice Case
pp 117-122

Chapter 15 - The Importance of a Robust JDR Intake System
pp 123-130

Chapter 16 - The Chief Justices and How to Triage Special (SPEC) JDR Cases
pp 131-134

Chapter 17 - Specialized JDRs (SPECs): A Look at Three Cases and the Impact of the COVID-19 Pandemic
pp 135-142

Chapter 18 - How to Prepare for and What to do During a JDR: The Power Pole Case
pp 143-154

Chapter 19 - The New World of Online Dispute Resolution (OJDR)
pp 155-166

Epilogue: The Future of JDR
pp 167-170

Bibliography
pp 171-178

Appendix
pp 179-180

Teaching Guide
pp 181-196

Case Studies
pp 197-198

1 - The Contaminated Land Case
pp 199-204

2 - The Divorce Case
pp 205-212

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New Roles for Judges in Ensuring Justice

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