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By: Krista Nasartschuk
The Court of King’s Bench has introduced a new Binding Judicial Resolution Conference procedure to assist individuals in resolving disputes without the necessity of a trial.
In contrast to the exiting Settlement Conference procedure, the new Binding Judicial Resolution Conference is a voluntary procedure which may occur at any stage of a proceeding. Additionally, any issues which remain unresolved at the end of the Binding Judicial Resolution Conference are decided by a judge. This provides a final resolution to all issues and eliminates the necessity of a trial.
The procedure is available to parties involved in civil cases within the jurisdiction of the New Brunswick Court of King’s Bench and is touted as being well suited for matters which involved relatively straightforward and non-complex issues such as parenting arrangements, support matters, and division of property.
While a Binding Judicial Resolution Conference may be useful in instances where the parties agree on the facts and require assistance with the law only, the procedure may not be appropriate in cases where family violence, power imbalances, or credibility issues are present.
With respect to Trial Division civil matters, this new procedure is currently only available for employment and estate matters.
This new procedure offers a cost-effective alternative to dispute resolution and encourages open and cooperative participation between the parties to reach a mutually agreeable solution. The involvement of a skilled judge aids in the reduction of delays, conflicts, and confusion with respect to the law.
Parties may request a Binding Judicial Resolution Conference by filing a Request and Consent for Binding Judicial Resolution Conference form, which must be completed and filed by each party. Upon receipt, legal counsel and the assigned judge will participate in a conference call to ensure all parties are appropriately prepared for the conference. Following confirmation of scheduling, the parties will exchange documents 14 days in advance.
If the parties come to a resolution during the conference, that resolution may be officially recorded in the court. Should a resolution not be forthcoming, the judge will make a final decision based upon the discussions which occurred during the conference. An opportunity for additional submissions to the judge is afforded to each party’s legal counsel. These submissions may occur immediately or at a later date with the judge’s decision to follow.
The full Practice Directive along with the Request and Consent Form can be found on the New Brunswick Courts Website at Binding Judicial Resolution Conference: https://www.courtsnb-coursnb.ca/content/cour/en/kings-bench/content/binding-judicial-resolution-conference.html
