This book will bring together a series of conference papers presented by international experts in the field of judicial dispute resolution at the International Research Collaborative (IRC) in Judicial Dispute Resolution. The papers will be presented at the International Law & Society Meeting in Hawai’i, USA, in June 2012.
The book will introduce 12 key papers from the IRC discussing judicial dispute resolution, reproducing the papers in an extended format and concluding with outcomes of the IRC. The papers will report on quantitative, qualitative, critical and theoretical analysis of judicial dispute resolution from a comparative perspective. A particular focus of the IRC is surveying judicial activities regarding judicial dispute resolution in a number of countries, reflecting on that information and suggesting trends, aspirations and future developments.
By “Judicial Dispute Resolution” is meant the work undertaken by judges to engage in settlement processes for civil litigation, including judicial conciliation and mediation. In some jurisdictions, there is a long history of judicial involvement in settlements and facilitated discussions, which is viewed as an accepted and important part of the judicial role. In other jurisdictions, there is more discomfort with judicial dispute resolution and the role of a judge may be perceived as more appropriately limited to adjudication.