15
the ju dge s adjudicative experience in seeing the strengths and weaknesses in
parties p ositions would be utilized to help the disputants resolve their
differences expeditiously and fairly62
litigants want to tell their story to a judge;
the JDR judge provides litigants with authoritative opinion;63
the judges vie ws may carry more weight than the lawyers vie ws with parties
who are reluctant to settle;
t he judge can be most effective in acting as the catalytic agent to bring the two
parties together and in a g reat majority of the cases reasonable men, after all
the facts are on the table, can arrive at an area of agreement;64
JDR is a free service (i.e., the JDR judge is available without cost to the litigants
whereas disputants would have to pay for ADR assistance in the private sector);
and
lawyers like being able to choose the judge based on a judges particular area of
knowledge and style of JDR.
[46]
Although Alberta has no formal system for keeping statistics on the outcomes of
JDRs, the anecdotal evidence attests to their success in aiding parties to reach
settlement65 and thereby reducing the court time that otherwise would be spent in
litigation management, trial and adjudication. Moreover, the judges who conduct
JDRs are enthusiastic about the good they feel is being achieved for the parties, for the
overall efficiency of the civil justice system and for public confidence in the courts.
[47]
This popularity notwithstanding, the growth in the popularity of ADR and JDR
and the patterns of change do not come without questions and concerns. It is to these
that we turn in the next section of this paper.
[48]
Before moving on, one observation comes to mind. Legally-trained persons have
a tendency to solve problems by taki ng charge. In tr aditional litigation, lawyers took