Judicial Dispute Resolution
Judicial Dispute Resolution
Judicial Dispute Resolution
Its primary purpose is reaching a settlement on some or all of the issues in a lawsuit, with the assistance of a judge.
Why do a JDR?
The goal of a JDR is to help both parties to settle some or all of the issues in the lawsuit. The key benefit of a JDR is that both parties can hear a judges objective assessment of their case. The judges assessment gives each party a sense of the strength of their case and the likely outcome at trial, and this usually provides a starting point for settlement discussions. Most cases settle at or very soon after the JDR is held.
gives
the parties a sense of what to expect, both from the court and from the opposing parties, if the lawsuit proceeded to trial. allows the parties to maintain their privacy because the JDR, unlike a trial, is confidential and not held in open court. there is no charge for the judges time
A JDR is voluntary, so a party cannot be required to participate There is a substantial cost to prepare detailed briefs The JDR judges opinion is based on limited information without the procedural protections of a trial (e.g. rules of evidence and ability to assess the credibility of witnesses) and once given it might be difficult for the unsuccessful party to convince the other side to settle on a different basis Due to the popularity of JDRs it is often difficult to obtain a JDR date quickly
On the actual day of the JDR, the parties to the lawsuit and their lawyers meet with the judge at the courthouse. After hearing from all the participants, the judge will then tell the parties what ruling the judge would have made if the JDR evidence and argument had been presented to them at trial, and the reasons for that decision. The judges opinion in a JDR is non-binding, unless the parties agree otherwise. The judges opinion is not an official court judgment, so it cannot be appealed. If here is no settlement following a JDR, and the matter proceeds to trial, the JDR judge cannot be the trial judge. The JDR judge will not share any information about the JDR with any other judge.
2. NEGOTIATIONS
Discussions of the options Neither law nor jurisprudence The caucus Flexibility and creativity
3.
Complete Apology
AGREEMENT
agreement
Clear