Judicial Dispute Resolution becomes a permanent part of Edmonton Provincial Court
By Kim MacDonald
Family law disputes are never easy. There is an emotional toll for all parties involved, and that strain can be greatly increased when long, drawn-out court proceedings lead to an imposed solution that often leaves one party feeling slighted.
Through the use of the Judicial Dispute Resolution (JDR) program, people now have the opportunity to meet with a judge in an informal setting to try to work out their differences outside of the courtroom.
Parties involved in family law and child protection matters in the Provincial Court have JDR available to them. The parties and their lawyers outline their cases before a judge, who assists in negotiating a resolution. In cases where resolution is not possible, the judge offers an opinion on what his or her decision would be if that information was heard in a trial. The judge’s decision is confidential and non-binding, but is provided to help the parties with settlement negotiations.
The program in Edmonton began as a pilot project in fall 2000. With less than four per cent of cases going to trial after JDR in the last 10 months of the pilot project, the program has been made a permanent part of the Provincial Court in Edmonton. A similar program has been running in Calgary since 1998.
“The benefit of JDR is that the people involved are part of the decision-making process, which allows for a more affable outcome,” said Justice Minister Dave Hancock. “The process is less traumatizing, less confrontational and less emotionally draining for the families involved.”
In addition to its high success rate, the JDR pilot project also saved more than 68 trial days. “Judicial Dispute Resolution is having a positive impact on the provincial family court system in Edmonton,” said Chief Provincial Court Judge Ernest Walter. “We are extremely pleased with the success rate of the JDR pilot and expect with some adjustments to the program and increasing familiarity and experience with it, the success rate will continue to increase.”
To better serve people participating in the JDR program, a new JDR facility was opened in the Edmonton Law Courts on March 1, 2002. It includes a main conference room to be used for JDR sessions, a smaller JDR room, a judge’s office and three additional meeting rooms.
