Background & purpose of the system 1 basic institutions, processes, and players 3

Court-Connected (Mandatory) ADR

• 
  Required in: Toronto, Ottawa and Windsor – big ticket litigation areas (r. 24.1)
  
• 
  Purpose: tool of efficiency and cost effectiveness, designed to try and force parties to settle their case before using resources of the court system
  
  • 
    Also to keep peace in society
    
• 
  Judicial DR form of ADR in the courts
  
  • 
    Opportunity for judges to help parties talk about settlement
    
  • 
    Two ways in ON:
    
    • 
      Case managed (77.08)
      
    • 
      R.50 (50.05, 50.13) = case conference rule, pre-trial conferences
      
• 
  Confidentiality in settlement
  
  • 
    Promise of confidentiality contemplated
    
  • 
    Pros: Encourage parties to be candid and honest, disclosed all they need to in order to come to a proper settlement
    
  • 
    Cons: public does not get benefit of learning for future cases and behaviour modification purposes
    
  • 
    Recall Black case