Binding Judicial Resolution Conference

General Information for Parties

The New Brunswick Court of King's Bench is pleased to introduce an innovative approach to resolving legal disputes through the Binding Judicial Resolution Conference (BJRC). The BJRC process is designed to provide parties with a streamlined and effective method for resolving disputes in a binding manner.

Here is how it works:
 

A binding judicial resolution conference is a two-staged confidential settlement process where parties involved in a legal dispute come together to attempt to resolve their issues with the assistance of a judge.  If the parties are unable to reach a complete settlement, they will have already agreed for the judge participating in the conference to decide any outstanding issues.
 

Once parties are ready for trial, a settlement conference will be set by the Court in most Trial and Family Division matters (excluding criminal and child protection proceedings) when all parties are represented by a lawyer and the trial is scheduled for 2 days or more.   Parties work with a judge to settle their dispute, however, if the matter is not resolved, the case proceeds on the scheduled trial dates.

In contrast, a binding judicial resolution conference is completely voluntary and may occur at any stage of a proceeding.  The parties agree that the judge will decide any issues that the parties cannot resolve during the conference.

As of October 15, 2024, Rule 50 of the New Brunswick Rules of Court is amended to include BJRCs.  A Practice Directive for Binding Judicial Resolution Conferences provides the details for the procedure.
 

Participation in the BJRC is open to parties involved in civil cases within the jurisdiction of the New Brunswick Court of King’s Bench. The BJRC is most effective for cases that are relatively straightforward and involve a limited number of non-complex issues.

The BJRC is particularly well-suited for resolving disputes that involve:

• Parenting arrangements
• Support matters
• Division of property
• Trial Division civil matters with defined issues that parties wish to resolve*

*Note:  The Court is open to conducting BJRCs in Trial Division matters that have narrow issues (e.g. wrongful dismissals, estate matters and Section B benefit claims).  Each request will be reviewed on a case-by-case basis for a determination of the appropriateness of a BJRC in light of the issues to be determined.  Traditional settlement conferences remain available for other types of civil disputes.

The BJRC may not be appropriate in cases involving:

• A power imbalance between the parties
• Family violence
• Significant credibility issues

The BJRC is designed to make resolving cases easier when both sides mostly agree on the facts but need help with the law.

Taking part in the BJRC lets people talk and try to find a solution together with the help of a neutral judge. While not every case is right for a BJRC, it is a viable alternative to regular court for many cases.

Participating in a BJRC is voluntary, but if parties agree to participate, the rules set out in the Practice Directive on BJRCs must be followed.

Before the matter will be considered for a BJRC, everyone involved in the case must agree in writing by completing and signing the Request and Consent for Binding Judicial Resolution Conference form.

If the parties have a specific judge in mind, that judge may be requested on the Request and Consent form.  However, there is no guarantee that the requested judge will be assigned to the BJRC.

Once the court receives the Request and Consent form from all parties, the clerk will forward the request to the Chief Justice of the Court of King’s Bench.  Upon approval by the Chief Justice and assignment of a BJRC judge, an initial phone call between the judge and lawyers will be scheduled. The purpose of this call is to make sure everyone is ready for the BJRC. The parties themselves do not have to be on this call but may participate if they wish.

During the call, the judge will decide if the case will proceed to a BJRC and the date may be confirmed.  For example, if there is family violence involved, or there is expert evidence required, the judge may decide not to proceed to a BJRC.  Usually, a BJRC happens in person, but if everyone agrees, it may be done in whole or in part by video.  A video request would need to be raised and discussed during the initial call.

The parties’ lawyers will follow the applicable Practice Directive which includes the details of document exchange requirements and the preparation and filing of a legal brief.   Please note that parties must exchange all relevant documents at least 14 days in advance of the BJRC.  For example, if parenting time, support, or property division are issues, parties need to exchange a Financial Statement (Form 72J), including the income and financial details required by subsection 21 of the Federal Child Support Guidelines.

*Failure to exchange documents on time may lead to cancellation of the BJRC, and/or costs being awarded against a party.

The timely exchange of information helps ensure everyone is ready for the conference.
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All parties and lawyers must attend the BJRC in person, unless video appearance was agreed during the initial call.  
 

At the BJRC, everyone has the opportunity to explain their side. It is important to act courteously and respectfully. Talking about settlement and solutions is encouraged. The judge helps with discussions, making sure everyone talks openly and looks for solutions. The judge might ask questions, help clear up things, and point out where people agree or disagree. Everyone is encouraged to think about different ways to solve problems that work for everyone. The judge might give advice on the law and help think of ideas for agreements.

To make it easier to negotiate and solve problems, the BJRC may have separate meetings called caucuses. In these caucuses, parties talk with the judge alone about sensitive issues or possible agreements.
 

If the parties agree on a solution during the BJRC, the terms may be officially recorded in the court. The agreement may be written and signed by the parties, the lawyers and the judge.

If parties cannot agree on everything, the judge will make a final decision based on what was discussed in the BJRC.  

At the end of the BJRC everyone will go into the courtroom to confirm what has been settled.  If any issues remain unresolved, each lawyer will have a chance to make submissions to the judge.  This may take place at a later date. The judge will then make a decision, either right away or later, based on what was said.   It is possible the judge will provide a written decision after hearing the argument of all parties.

The decision made by the judge, along with the agreements made by the parties, will become the final court order. This decision is meant to be a final resolution of all issues, as the parties will already have agreed to this procedure and agreed that there will not be a trial.
 

Decisions made during the BJRC are final and must be followed, just like any other court decision.
 

A party’s failure to attend the BJRC, once it has been scheduled, may result in adverse consequences. These consequences vary and may include a party’s court application or response being dismissed, the judge making a ruling against that party, or a cost award. 
 

The BJRC offers parties a cost-effective and efficient alternative to a traditional trial, ensuring parties work collaboratively to resolve their own disputes, while relying on the guidance of an experienced judge to finalize any unsettled issues.

BJRCs maintain confidentiality throughout the resolution process, encouraging parties to be more open and cooperative in finding mutually acceptable solutions without the need or concern of a public trial.

The involvement of a neutral and experienced judge provides invaluable assistance to parties to facilitate constructive dialogue and aid in reaching a resolution.

BJRCs allow parties to tailor solutions to their specific needs and circumstances.  If parties cannot resolve all issues, a skilled judge will make the final decision, reducing delays, conflict and the overall financial burden that accompanies legal disputes.