Judicial Dispute Resolution Ppt

8/12/2019 Judicial Dispute Resolution Ppt

1/16


2/16


3/16

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 isheld in a courtroom, it is not open to the

public.


4/16

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.


5/16

Why do a JDR?The goal of a JDR is to help both parties to

settle some or all of the issues in thelawsuit. The key benefit of a JDR is thatboth parties can hear a judges objectiveassessment of their case. The judgesassessment gives each party a sense of thestrength of their case and the likelyoutcome at trial, and this usually providesa starting point for settlement discussions.Most cases settle at or very soon after theJDR is held.


6/16

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 suitablein the circumstances)


7/16

What are the benefits of a JDR?A JDR:

promotes settlement, even in cases where priornegotiations have failed, by facilitating discussionbetween the parties and getting feedback from a

judge. allows for solutions that wouldntbe available if the

matter went to trial (e.g. letters of apology, referenceletters, 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 theexpense and time commitment of a trial


8/16

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 judgestime


9/16

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 atrial (e.g. rules of evidence and ability to assess thecredibility of witnesses) and once given it might bedifficult for the unsuccessful party to convincethe other side to settle on a different basis

Due to the popularity of JDRs it is often difficult toobtain a JDR date quickly


10/16

THE PROCESS OF JUDICIALDISPUTE RESOLUTION JDR)START

The actual JDR process starts from the time theBranch Clerk of Court receives the MediatorsReport of a NotSettledmediation.

END

The end of the JDR process consists of thedisposition of the case after the JDR, either in a

judgment approved by the court through

compromise agreement, or the referral of thecase to the Office of the Clerk of Court, forraffle to the trial judge, for purposes of pre-trial

proper and trial.


11/16


12/16

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 thatdecision.

The judgesopinion in a JDR is non-binding, unless the

parties agree otherwise. The judgesopinion 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.


13/16

TECHNIQUES FOR ASUCCESSFUL JDR1. COMMUNICATION

Presentations by the parties

Explanations

Determining the problems to be resolved

Developing options


14/16

2. NEGOTIATIONS Discussions of the optionsNeither law nor jurisprudence

The caucus

Flexibility and creativity


15/16

3. AGREEMENT Complete agreement

Apology Clear agreement

Written agreement

Signed agreement


16/16

THANK YOU

ANDGODBLESS

Documents

Judicial Dispute Resolution Ppt