10
with the help of others. For a time in Canada, other acronyms were promoted: BDR
for be tter dispute resolution or IDR for innovative dispute resolution.42 The
modern court offers a range of dispute resolution options from which, in theory, a
method appropriate to the circumstances of the particular dispute is chosen. The shift
in the understanding of ADR from a process alternative to litigation to a process
alternative to court adjudication has given rise to the redefinition of the acronym ADR
to mean ap propriate dispute resolution. D efined as a ppropriate dispute resolution,
ADR options would range from out-of-court negotiation to in-court adjudication.
Today, ADR has flourished to the point that some persons suggest dropping the
adjective altogether and speaking simply of disput e resolution t o describe the
modern range of dispute resolution methods and choices.
C. JDR Strands: an Alberta Story
[31]
As has been seen, enthusiasm for ADR and the perceived need for greater
management of litigation by judges had led judges to play a growing role in dispute
resolution. Like ADR, the role of the judge in ADR, or JDR as it is labelled in
Alberta, is continually evolving. In my second example, JDR has evolved in three
stages: from a tightly-structured judicial mini-trial to a free-flowing settlement
conference in which the judge utilizes mediative ADR techniques and, from there, to
the concept of judge as omnipotent manager of litigation, facilitator of settlement and
adjudicator of the dispute.
1. Judicial mini-trial
[32]
Alberta s Court of Queens Bench first offered JDR to litigants in Alberta in the
late 1980s. Initially, the process took the form of a judicial mini-trial, described in
1992 as an expanded pre-trial settlement conference.43 In 1993,44 the Alberta Law
Reform Institute (ALRI) explained that the Alberta judicial mini-trial was modelled
on a process that had been introduced in British Columbia45 a process which, in turn,
had been developed from a dispute resolution process that had proven effective to
resolve commercial disputes in the private sector.46 In Alberta, the early mini-trial
involved a structured presentation of the agreed facts and argument by counsel with
parties present that concluded with the delivery by the judge of a non-binding opinion
on the likely outcome were the case to proceed to trial. ALRI described the mini-trial
as a discrete technique that may be used to produce a settlement, and observed that
although a pre-trial conference may lead to a mini-trial, the mini-trial is not a