33
29
30
ALRI RP 19, ... at 20.
31
In 1987, we lacked empirical evidence to show that a particular process is most effective for a
particular dispute: Canada, Law Reform Commission, Dispute Resolution in Canada: Present
State, Future Direction (Consultation Paper) by Andrew J. Pirie (Ottawa: Law Reform
Commission of Canada, 1987) at 18. I am not aware of any significant advancements in
empirical evidence since then.
32
Jacob, at 4: It is the lack of confidence in the professionalism of our lawyers that explains the
introduction of judicial case management where litigation does take place.
33
Landerkin & Pirie, at 265.
34
Ibid. citing Fed. R. Civ. Pro. 16.
35
Landerkin and Pirie, at 264, citing Nims, Galanter ..., who in turn cites Nims, P re-Trial in the
United States (1947), 25 Can. B. Rev. 702 at 720 and McIvaine, The Value of Effective Pre-
Trial (1961), 28 F.R.D . 162.
36
Agrios, quoting Belzil ...
37
E.g., Alberta Prov. Ct.
38
In the province of Quebec, JDR was introduced in the appellate court and later instituted in the
trial court: [cite articles on JDR in Quebec]. In Alberta, JDR in the Court of Appeal is an even
better kept secret than JDR in the Court of Queens Bench ( i.e., superior court trial level)
39
Landerkin & Pirie, at 266: Only recently would it be fair to say that mediation has become a
part of the judges role in Canada through rule changes permitting mediation-type activities in
specific cases or courts. For example, in British Columbia the Provincial Court now conducts
mandatory settlement conferences in which the judge m ay mediate any issues being
disputed. British Columbia, Small Claims Rules, r. 7(14).
40
Landerkin & Pirie, at 264, citing M. Galanter, The Emergence of the Judge as a Mediator in
Civil Cases (1986) 69 Judicature 257.
41
CM12.6, at 6.
42
Landerkin & Pirie, at 274.
43
Benchers Advisory article ... [get from CM 12.9?]
44
Alberta Law Reform Institute, Civil Litigation: The Judicial Mini-Trial, (Discussion Paper No.
1, Dispute ResolutionSpecial Series) (Edmonton: Alberta Law Reform Institute, 1993) [ALRI
DP1].