Which of the following statement(s) about everyday judging and mediation is/are correct?

i) Judges are encouraged to prioritize mediation and reconciliation in many ordinary civil disputes.
ii) Judges sometimes avoid full adjudication in order to reduce the risk of “malicious incidents” and social instability.
iii) Judges routinely rely on lay juries for civil cases and give them the final say in outcomes.

Question

Which of the following statement(s) about everyday judging and mediation is/are correct?

i) Judges are encouraged to prioritize mediation and reconciliation in many ordinary civil disputes.
ii) Judges sometimes avoid full adjudication in order to reduce the risk of “malicious incidents” and social instability.
iii) Judges routinely rely on lay juries for civil cases and give them the final say in outcomes.

BlackTom AI · Accepted Answer

Question restatement: The prompt asks which statements about everyday judging and mediation are correct, listing three statements labeled i, ii, and iii, with the answer given as 'i and ii'.

Option i: 'Judges are encouraged to prioritize mediation and reconciliation in many ordinary civil disputes.' This aligns with a widespread trend in civil justice systems toward alternative dispute resolution (ADR), where mediation and reconciliation are encouraged to resolve disputes without full trial to reduce backlog and promote settlements. The reasoning behind this option is that many jurisdictions actively promote ADR pathways for routine civil matters, making this statement reasonable and commonly supported by policy and practice.

Option ii: 'Judges sometimes avoid full adjudication in order to reduce the risk of “malicious incidents” and social instability.' This reflects a pragmatic approach judges may take in certain contexts—favoring settlement, mediation, or partial adjudication to avert escalation, public disorder, or repeated provocations. While not universal, the idea that adjudicators use non-full adjudication strategies to maintain social stability or to prevent harmful escalations is a plausible characterization of some judicial conduct in everyday practice.

Option iii: 'Judges routinely rely on lay juries for civil cases and give them the final say in outcomes.' This statement is generally inconsistent with how many civil systems operate. In numerous jurisdictions, civil cases are decided by judges or by judge–jury combinations depending on the country and case type, but it is not accurate to claim that lay juries routinely handle civil cases and determine outcomes as a standard rule. The phrase 'routinely rely' and 'final say' over civil decisions by lay juries stands as the least accurate among the three statements.

To compare the options directly:
- If an option asserts a broad, common practice that aligns with ADR promotion, it tends to be more credible (supporting i).
- If an option suggests a nuanced, context-dependent judicial behavior aimed at preventing harm or instability, it remains plausible though less universally observed (supporting ii).
- If an option asserts a widespread, routine use of lay juries in civil cases with final decision-making power, it contradicts standard civil practice in many jurisdictions (making iii the least plausible).

In summary, options i and ii reflect plausible aspects of everyday judging and mediation in civil disputes, whereas iii conflicts with typical civil procedure in many systems. This reasoning supports selecting the combination that includes i and ii while excluding iii.

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