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1 - Judicial Role in Transition

from Part I - Vanishing Trials, Transformed Legal Systems

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

This chapter introduces the vanishing trial phenomenon – the emphasis on settlement and plea bargains and the decline of the judicial verdict. This phenomenon began in common law systems and coincided with the rise of alternative dispute resolution (ADR). ADR has been promulgated through a variety of legal constructs, including national laws and transnational directives. However, to date, it is often the case that neither the normative values of adjudication nor the fundamental values of ADR (such as dialogue and relation building) prevail. In their stead, especially in common law countries, there is a drive for efficiency in both courts and mediation sessions. Efficiency has, to a large extent, become synonymous with settlement and the means by which settlement is reached receive little to no notice. Judges, in this setting, are expected to manage cases until they settle – though, as our research shows, some judges have more ambitious horizons for their role, lending new insights to the possible new trajectories. As methods to replace the judicial role are under experimentation, the value and place of the judicial role have reached a critical crossroads.

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Chapter
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Vanishing Legal Justice
The Changing Role of Judges in an Era of Settlements and Plea Bargains
, pp. 7 - 15
Publisher: Cambridge University Press
Print publication year: 2025

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