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.

Where does the JDR take place?

A JDR usually takes place in a conference room at the courthouse or, occasionally, in the judges 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.

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 judges objective assessment of their case. The judges 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.

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)

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 wouldnt 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

 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 judges time

What are the downsides to JDR?

A JDR is voluntary, so a party cannot be required to participate There is a substantial cost to prepare detailed briefs The JDR judges 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

THE PROCESS OF JUDICIAL DISPUTE RESOLUTION (JDR)

START The actual JDR process starts from the time the Branch Clerk of Court receives the Mediators Report of a Not Settled mediation. END The end of the JDR process consists of the disposition of the case after the JDR, either in a judgment approved by the court through compromise agreement, or the referral of the case to the Office of the Clerk of Court, for raffle to the trial judge, for purposes of pre-trial proper and trial.

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 partys case, presenting the facts as that party understands them, the legal arguments in support of that partys 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 sides point of view.

On the actual day of the JDR, the parties to the lawsuit and their lawyers meet with the judge at the courthouse. After hearing from all the participants, 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. The judges opinion in a JDR is non-binding, unless the parties agree otherwise. The judges 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.

TECHNIQUES FOR A SUCCESSFUL JDR

1. COMMUNICATION
Presentations by the parties Explanations Determining the problems to be resolved Developing options

2. NEGOTIATIONS
Discussions of the options Neither law nor jurisprudence The caucus Flexibility and creativity

3.
Complete Apology

AGREEMENT
agreement

Clear

agreement Written agreement Signed agreement

THANK YOU AND GODBLESS