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6 - Power and Persuasion

Judicial Role as Reflected in Courtroom Observations

from Part II - Settlement Practices and Perspectives of Judges

Published online by Cambridge University Press:  20 March 2025

Michal Alberstein
Affiliation:
Bar-Ilan University, Israel
Nofit Amir
Affiliation:
Bar-Ilan University, Israel
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Summary

Judicial actions in the courtroom remain for the most part off the record and hard to discern. Moreover, judicial settlement practices in the United States, for example, can take place in judicial chambers, far from the public eye. Thus there is a need for physical presence of researchers in public hearings to understand what judges do today in the age of vanishing trials. Researchers of this study entered courts in London, Florence, and Tel-Aviv. The various judicial conflict resolution practices that emerged in Israel’s most active first-instance court, in Tel-Aviv, provide a new perspective on power in the courtroom, identifying new forms of legitimation and justice developed by judges as they perform their settlement-promoting roles. In addition, we discuss an alternative model, found in the Florence Court, where judges were only recently permitted to use settlement practices. There the judges are supported by interns who screen cases before trial to examine whether they may be appropriate for mediation. In court, judges may offer mediation to the parties and explain their reasoning for doing so but will usually not try to settle the cases themselves. Lastly, we showcase intervention styles that offer new visions for the judicial role.

Type
Chapter
Information
Vanishing Legal Justice
The Changing Role of Judges in an Era of Settlements and Plea Bargains
, pp. 115 - 132
Publisher: Cambridge University Press
Print publication year: 2025

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