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Epilogue: The Future of JDR

Published online by Cambridge University Press:  28 February 2024

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

We have reported on the outstanding success of JDR in Canada. Our findings should encourage those in positions of power and responsibility to expand the availability of JDR both in terms of SPEC for complex cases caught for years in the vortex of the legal system, as well as JDR more generally because it enhances the quality of justice, reduces the cost of funding the judiciary, and speeds the disposition of legal claims.

JDR enhances the quality of justice in seven ways: (1) it gives plaintiffs and defendants more control over the outcome of the disputes; (2) it allows cases to be treated as the unique matters that they are, rather than pinning results to precedents set in other places and times when the circumstances may have been only somewhat similar; (3) it takes full advantage of the knowledge, skill, and stature of judges, but still leaves matters in the hands of clients and their lawyers; (4) it seeks to maximize the value to both sides in every legal dispute, rather than just picking a winner and a loser; (5) it improves relationships between the parties; (6) it gives certainty of result to the parties who might be experiencing unmanageable ambivalence about a conflict and (7) it preserves and sustains the public's faith in legal institutions as sites where peacemaking is fostered and conflicts are resolved.

In the long run, JDR builds citizens’ capacity to deal with their very personal and emotional differences in peaceful and collaborative ways rather than increasing the litigious nature of society. JDR certainly makes sense in a wide variety of family law and other civil suits and it could help in some criminal matters as well, especially in terms of sentencing (building on the restorative justice and Aboriginal justice systems) or diversionary programs.

Decisions to expand Canada's JDR system are completely in the hands of the chief justices of the various provincial and national courts. Under the banner of improving case management, they can build on JDR's advantages; no further legislation is needed from Parliament. As JDR grows, some lawyers might have to make adjustments in how they practice and bill for time, and they might have to acquire continuing legal education to bring them up to speed.

Type
Chapter
Information
Judicial Dispute Resolution
New Roles for Judges in Ensuring Justice
, pp. 167 - 170
Publisher: Anthem Press
Print publication year: 2023

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