The Multi-Tasking Judge: Comparative Judicial Dispute Resolution - eBook
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The Multi-Tasking Judge brings together a series of papers written by international experts in the field of judicial dispute resolution. They arise from an International Research Collaborative (IRC) in Comparative Judicial Dispute Resolution sponsored by the International law and Society Association. By the term “judicial dispute resolution”, the experts refer to the work undertaken by judges to engage in settlement processes for civil litigation, including judicial conciliation and mediation.
A particular focus of the IRC in Judicial Dispute Resolution is surveying judicial activities regarding judicial dispute resolution in a number of countries, reflecting on that information and suggesting trends, aspirations and future developments. Therefore, the jurisdictional inputs in this significant book range from The Netherlands, Canada, the United States, the People’s Republic of China, and Australia. The Chapters describe, analyse and critique the processes and practices used in these diverse environments, positing that the uptake and development of judicial dispute resolution is the result of a complex mix of factors.
This significant book presents important theoretical discussion as well as qualitative and quantitative studies, which consider judicial dispute resolution from a range of perspectives. Importantly, for the future, survey instruments included in the book have been designed by a panel of highly regarded experts that can be used to develop and extend our understanding of this important facet of judicial work.
Editors, Professors Tania Sourdin and Archie Zariski are joint leaders of the IRC in Comparative Judicial Dispute Resolution. Tania Sourdin is a Professor of Law at Monash University, Australia, and Director of the Australian Centre for Justice Innovation (ACJI). She has extensive experience in the litigation system, court processes and alternative dispute resolution (ADR), and her career has included numerous and extensive qualitative and quantitative reviews of tribunals and courts as well as external dispute resolution services. She has worked across Australia, the Pacific region and the United Arab Emirates in the area of judicial dispute resolution and is Editor of the Australasian Dispute Resolution Service (Thomson Reuters).
Archie Zariski is an Associate Professor in Legal Studies at Athabasca University, Canada, and the Foundation Editor of eLaw – Murdoch University Electronic Journal of Law. He is currently engaged in empirical research into mediation in Malaysia. He draws upon both quantitative and qualitative studies to envisage a form of judicial practice that places informal dispute resolution firmly within the judicial role.
Judges, judicial officers and administrators, legal practitioners, students and comparative experts will find this book a thought-provoking and invaluable resource.
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Table of Contents
Ch 1: Introduction by Tania Sourdin and Archie Zariski
Part I: Theory and Context of Judicial Dispute Resolution
Ch 2: ‘The future of judicial dispute resolution: Judges who facilitate participatory justice’ by Jean-François Roberge, Université de Sherbrooke, Canada
Ch 3: ‘Understanding judges’ responses to judicial dispute resolution: A framework for comparison’ by Archie Zariski, Athabasca University, Canada
Ch 4: ‘The application of procedural justice research to judicial actions and techniques in settlement sessions’ by Nancy Welsh, Pennsylvania State University, USA; Bobbi McAdoo, Hamline University, USA; and Donna Stienstra, Federal Judicial Center, USA
Ch 5: ‘Judicial conflict management: What brings litigants to court?’ by Machteld de Hoon, Tilburg University, The Netherlands, and Suzan Verberk, Council for the Judiciary, The Netherlands
Part II: Global Practices of Judicial Dispute Resolution
Ch 6: ‘Theory and practice of court-annexed mediation in China: Quo vadis?’ by Dr Sarah E Hilmer, The Chinese University, Hong Kong, PRC
Ch 7: ‘Settlement judges East and West: A comparison of judicial settlement activity in China and Canada’ by Archie Zariski, Athabasca University, Canada, and Shi Chang-qing, Yantai University, PRC
Ch 8: ‘From judgment to settlement: The impact of ADR on judicial functions from a comparative perspective’ by Shi Chang-qing, Yantai University, PRC
Ch 9: ‘The multi-door courthouse is open in Alberta: Judicial dispute resolution is institutionalised in the Court of Queen’s Bench’ by Associate Chief Justice John D Rooke, Court of Queen’s Bench, Alberta, Canada
Part III: Issues and Challenges for Judicial Dispute Resolution
Ch 10: ‘Confidentiality in judicial mediation in Canada’ by Louise Otis, McGill University, Canada; Catherine Rousseau-Saine, McGill University, Canada; and Eric H Reiter, Concordia University, Canada
Ch 11: ‘The need for a method and structure in settlement conferences’ by Machteld Pel, Mediator, The Netherlands
Ch 12: ‘Why judges should stick to their knitting: A critique of judicial dispute resolution in parenting cases’ by Noel Semple, University of Toronto, Canada
Ch 13: ‘Facilitative judging: Science, sense and sensibility’ by Tania Sourdin, Monash University, Australia
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