Five Reasons Why Judges Should Conduct Settlement Conferences

Abstract

Judges conduct settlement conferences in civil disputes in many parts of the world. This is an important feature of judicial work in many jurisdictions. In Australia, the role of judges and their relationship with Alternative or Appropriate Dispute Resolution ('ADR') processes and, in particular, their role in judicial settlement conferencing processes conducted within the civil justice setting, has been the subject of some discussion in recent years. This article explores the evolving nature of the relationship between courts and ADR and more specifically comments on the nature of the judicial function and its relationship with ADR, before discussing the role of judges in relation to judicial settlement conferences. The reasons why judges should conduct settlement conferences are considered in the context of changing court and societal trends and objectives, the skills and attributes of judges, the objectives of the civil justice system and the important role that judges can play in this form of court integrated ADR.