You Be the Judge: The Complete Canadian Guide to Resolving Legal Disputes Out of Court

Christy Conte is a member of the Parents Advisory Committee at the
YMCA’s Parent and Child Enrichment Centre, and a journalist.

Recognizing that the traditional legal system is limited in its ability
both to process a growing backlog of civil complaints and to deal
appropriately with the particular concerns of disputing parties, many
jurisdictions have turned to “alternative dispute resolution” (ADR)
for relief. You Be the Judge is a practical guide that sets out very
clearly the dispute resolution options available to Canadians.

An admirable blend of theory and practicality, the book opens with a
reader-friendly explanation of negotiation theory, traditional
litigation processes, and ADR options. It then provides a step-by-step
discussion of the mediation process itself, including sections on
mediator ethics and style, and assesses cases for mediation. Barriers to
success are (wisely) afforded their own chapters, as is the topic of
gaining and defining agreements. The book concludes with a brief
discussion of nuances in marital, employment, personal injury, and other
particular disputes. Useful appendices on ethics and agreement to
mediate, and a glossary of terms further extend the book’s usefulness.

You Be the Judge should be required reading for anyone embarking on a
civil action. Lawyers, in particular, will find Ross’s approach
illuminating and nonthreatening. While Ross makes clear that his
emphasis is on legal disputes, greater attention might have been paid to
the mediation of emotional rather than compensable issues. The debate
over transformative versus settlement-driven mediation approaches is an
old one, though, and this well-written guide to self-empowerment manages
to bridge the gap better than most.