Judicial Dispute Resolution

“A deeply thoughtful treatment of judicial dispute resolution. The authors are clear-eyed both about the potential benefits of these evolving processes and about their limitations. The book offers compelling case studies, curated to provide readers with a thorough understanding of an opportunity for modern judges in all legal systems.” — Michael Moffitt, Philip H. Knight Chair in Law, Faculty-in-Residence, Clark Honors College, University of Oregon.

“Judges sit at the apex of dispute resolution processes. When all else fails, one or more of the parties may seek a judicial resolution of their dispute. As the three authors point out, this is neither efficient (it comes far too late in the process) nor satisfactory (it promotes winners and losers and seldom “resolves” the dispute). There is a better way! Judicial dispute resolution or JDR. It imagines a far more creative role for judges and that in turn will often lead to better results for the parties. This, however, will require a different orientation and skill set from the parties, and a select group of judges who have both the desire and the aptitude to embrace the unique skills of judicial dispute resolution. This book offers important insights into how both might be achieved.” — D. Paul Emond, Professor Emeritus, Osgoode Hall Law School, Founding Director, Part time instructor, LLM in Dispute Resolution, York University.

“An interesting book at once useful for the experienced mediator as well as the aspiring novice, filled with insightful advice based on a wealth of experience. Creativity is the secret to successful mediation and the authors have heartedly contributed in that regard in their resourceful work. I recommend it to everyone engaged in the important field of ADR.” — The Honourable Warren K. Winkler, O.C., O. Ont., K.C., LL.D. (Hon.), former Chief Justice of Ontario.

 "Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice" describes the ways in which judges, using JDR (Judicial Dispute Resolution), have been facilitating problem-solving among litigants, and in the process, ensuring more just outcomes. [...] The three co-authors also have collaborated to 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. [...] This book is especially recommended for college and university Judicial Studies collections and supplemental Arbitration/Negotiation/Mediation law school curriculum studies lists —Midwest Review