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.

Describes the ways in which judges, using judicial dispute resolution (JDR), have been facilitating problem-solving among litigants, narrating the story from nine carefully selected cases.

About the Author

Lawrence Susskind is Ford Professor of Urban and Environmental Planning at the Massachusetts Institute of Technology (MIT), Co-founder and Vice Chair of the Program on Negotiation at Harvard Law School, and Founder and Chief Knowledge Officer of the Consensus Building Institute.

William A. Tilleman, LL.B., J.D., LL.M, S.J.D., is federally appointed judge (2009-2021) and Chamberlain Fellow in Legislation, Columbia University.

Nicolas Parra-Herrera is S.J.D. candidate at Harvard Law School, Graduate Fellow at the Program on Negotiation, Harvard Law School, and Visiting Professor at Universidad de los Andes (Colombia).

Reviews

"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

Book Information
ISBN 9781839988981
Author Lawrence Susskind
Format Paperback
Page Count 288
Imprint Anthem Press
Publisher Anthem Press
Weight(grams) 454g
Dimensions(mm) 229mm * 153mm * 26mm