Originally from Alternatives to the High Cost of Litigation

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There is a growing concern worldwide about ensuring fairness and justice in society, especially on behalf of those at the margins who have the least resources.

In “Judicial Dispute Resolution: New Roles for Judges in Ensuring Justice,” by this article’s authors, Lawrence Susskind, Justice William Tilleman and Nicolas Parra Herrera, and published last month by Anthem Press (see credit line for link), we examine the responsibility that courts, particularly judges, have for guaranteeing justice.

Judges could do more to meet the rising demand for justice by helping parties resolve their differences, not just by picking a winner and a loser—which is what litigation usually does—but by stepping in to assist the parties in resolving their differences themselves.