Facilitative judging

This article considers the role of judges and their relationship with Alternative Dispute Resolution (ADR) processes. The article first describes the evolving nature of the relationship between courts and ADR and then, more specifically, comments on the nature of the judicial function and the relationship with ADR before returning to issues associated with the broader objectives of a combined ADR/court system. The discussion is undertaken to explore two questions - first, to what extent are ADR processes currently separated from judicial functions - and, second, how can ADR skills and techniques be used to support the civil litigation system including the judicial function