26
APPENDIX B: THREE JDR FORMS
Reproduced from the Honourable John A. Agrios, Court of Queen s Bench of
Alberta, A Handbook on Judicial Dispute Resolution for Canadian Lawyers,
with additional commentary by Janice A. Agrios, available at
http://www.cba.org/alberta/PDF/JDR%20Handbook.pdf.
Basic Approaches: Models of JDR
I have constructed two models of JDR conferences and a third model for the future. The two current
models are not mutually exclusive and my current personal practice is to, in a fashion, use both. But
I digress the models are:
1. The Alberta Mini Trial
In the literature, you will find two very good discussions on what I call the Alberta Mini Trial. As
Justice Belzil has pointed out, having returned from a North Americawide conference on JDR, the
terminology in this area is all over the map. What Americans call a mini trial is quite different from
our version, so these comments relate to only an Alberta mini trial. The Alberta Law Reform
Institute in August 1993 published a discussion paper The Judicial Mini Trial, which is very
accurate. The former Chief Justice, Kenneth Moore, did an equally good job in a discussion paper
reproduced by C.C.H. Your librarian should be able to find these if you get really interested.
The Alberta Mini Trial is really a summary hearing where all the essential facts are principally
agreed and a judge provides a non -binding opinion as to what likely would happen in a form al trial. It
is usually held in a conference room rather than in a courtroom. All parties are present, including the
clients. In advance, an Agreed Statement of Facts, briefs, expert reports and authorities (tabbed and
highlighted) have been exchanged and provided to the presiding judge. Usually the issues have
been agreed to in advance. Both the Plaintiffs and Defendants lawyers are given an opportunity to
present their positions in a summary fashion. Some judges prefer to let them introduce their cases
and make their comments. I prefer to outline the pertinent facts and the issues as I see them. I then
make specific directions to the lawyers as to the points I want dealt with. The parties are given an
opportunity to address the judge if they so wish. In the
traditional model, the judge then provides a non -binding opinion as to the judgment they would
render if the matter went to trial. Many commentators think that it is quite wise to provide short but
considered criteria for the non-binding opinion, making reference to specific cases if this is
appropriate. The Alberta mini trial is to be distinguished from the formal summary trial process as
set out in the Alberta Rules of Court.
At this point any number of things can happen. Some lawyers thank the judge and politely ask that
he or she excuse themselves and they will continue the discussion between the lawyers and the
parties. Some judges leave the meeting voluntarily to permit the parties to discuss the non-binding
opinion with the comment that if they can be of further help, call, and they will return to the
conference room. Other judges stay and try to see if, based on the non-binding opinion, a
settlement can be reached. Some lawyers will immediately ask the judge if they can caucus to