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Judicial Dispute Resolution

Tuesday, June 12, 2018

Judicial Dispute Resolution, or ‘JDR’, is a voluntary and confidential dispute resolution process. The process usually takes place within a courthouse conference room or occasionally within the judge’s office. While the process can vary from courthouse to courthouse and can depend on the preferences of the parties or the judge, the parties involved will generally submit briefs in advance to the judge containing the facts and legal arguments surrounding the case. After oral submissions by the parties, the judge will often give a non-binding opinion on the case which is intended to help facilitate a settlement. In Calgary; however, most of the judges do not give a formal opinion but rather attempt to work with the parties to reach a settlement. If the parties cannot reach a settlement, and if the case goes to trial, a different judge will preside over the trial.

Links to related resources are listed below.

The Multi-Door Courthouse is Open in Alberta: Judicial Dispute Resolution is institutionalized in the Court of the Queen’s Bench

Author: The Honourable John Daniel Rooke (Associate Chief Justice of the Court of Queen’s Bench of Alberta)
Year and Publisher: 2010, University of Alberta, Faculty of Law
Description: Based upon empirical research data, the author’s judicial experience, and legal literature research, it is asserted that the Court’s JDR Program has become an integral, normative, and institutional part of the resolution of disputes litigated in the Court.
Link: multidoor_courthouse.pdf


Improving Excellence: Evaluation of the Judicial Dispute Resolution Program in the Court of Queen’s Bench of Alberta (Evaluation Report)

Author: The Honourable John Daniel Rooke (Associate Chief Justice of the Court of Queen’s Bench of Alberta)
Year and Publisher: 2009, Court of Queen’s Bench of Alberta
Description: This Evaluation Report assesses the Judicial Dispute Resolution (JDR) Program in the Court of Queen’s Bench of Alberta, based on empirical Survey Questionnaire (Survey) data supplied by lawyers and clients who participated in 606 JDRs for the year ending June, 2008.
Link: improving_excellence.pdf


A Handbook on Judicial Dispute Resolution for Canadian Lawyers

Author: The Honourable John A. Agrios (Justice of the Court of Queen’s Bench of Alberta), additional commentary by Janice A. Agrios
Year and Publisher: 2004, The Canadian Bar Association: Alberta Branch
Description: This handbook is intended as a resource for lawyers who practice in the field of judicial dispute resolution. It includes many of the procedures and ideas that Alberta Queen’s Bench judges have learned from experience, both good and bad. It also raises some of the ongoing problems within JDR.
Link: jdr_handbook.pdf