Jewish Law Perspectives on Judicial Settlement Practice

25 Pages Posted: 19 Jan 2022

See all articles by Shlomo Pill

Shlomo Pill

Texas Southern University - Thurgood Marshall School of Law; Emory University School of Law

Date Written: December 1, 2021

Abstract

The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new perspective on the jurisprudential issues underlying judicial settlement practices by exploring the traditional Jewish law of judicial settlement practice.

Keywords: Jewish Law, Judging, Jurisprudence, Alternative Dispute Resolution, Litigation

Suggested Citation

Pill, Shlomo, Jewish Law Perspectives on Judicial Settlement Practice (December 1, 2021). Pepperdine Dispute Resolution Law Journal, Vol. 20, No. 2, 2019-2020, Available at SSRN: https://ssrn.com/abstract=3975465

Shlomo Pill (Contact Author)

Texas Southern University - Thurgood Marshall School of Law ( email )

3100 Cleburne Street
Houston, TX 77004
United States

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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