14
Landerkin and Pirie go a step further to suggest that the settlement and adjudicative
roles might live together in the trial context:61
There may even be scope to view JDR, in much the way ADR is now
seen, as less separate from the actual adjudicative process. Just as the
gap between ADR and the courts has been bridged, JDR may also be
understood as an expression of the judiciarys continuing commitment to
justice, both inside and outside the formal trial. Judicial interventions in
the trial process of one sort or the other to encourage just, speedy and
inexpensive results could fall under the JDR definitional umbrella.
[44]
This version of JDR best captures the direction Albertas Provincial C ourt (a
trial court with less than full jurisdiction) seems to be heading in its handling of family
matters. In that court, proceedings commence with a judicial conference in which the
judge explores settlement possibilities, may use ADR skills to mediate a settlement, or
if the parties fail to reach agreement, manage the proceeding through to trial. All that
needs to be added is the authority of the same judge to hear the case formally and
adjudicate the result.
[45]
The om nipotent judge v ersion of JDR requires parties and their counsel to
place tremendous faith in the ability of the judge to run the litigation and bring about
resolution. They must give over their full (perhaps, blind) trust to the judges ADR or
process skills as well as the judges adj udicative wisdom based on a sound
understanding of the substantive law. The o mnipotent judge version of JDR
constitutes the ultimate co-option by the civil justice system of ADR. Not only is
prediction of the substantive result difficult; prediction of the process leading to the
result is confounded.
4. Growth in JDR popularity
Like ADR, JDR (by any definition) has quickly gained popularity. JDR is now an
integral part of dispute resolution in the Alberta civil justice system . It is available in
a wide variety of circumstances and is generally popular with lawyers and litigants.
Factors that count among the reasons for this popularity include:
judges are skilled at analyzing and interpreting legal issues