The Dichotomy of the Judge- Solved by Mediation

Isn’t it ironic? Don’t you think that it’s a bit ironic that a court judge can be considered non-judgemental and be a judge at the same time. See, there are some situations where nobody can agree, and nobody wants to agree. And when things like money or custody are on the line there is no leaving it at, ‘well let’s just agree to disagree.’ But in a case like that, where nobody really wants to agree, then what they need is a third party who will be unbiased and then make a decision for the disputing parties.

It’s like when siblings can’t seem to get along, and then the parents need to get involved and make the decision for the kids. Well, that’s what not wanting to agree comes down too. Being as the disputing parties don’t want to agree, rather everyone wants to have things ‘their way,’ they need a judge to make the decision for them.

The judge is also a pretty funny position. He or she is supposed to be unbiased. As far as I remember learning in school being unbiased is interchangeable with being non-judgmental. Did you catch that nuance? Non- JUDGEmental. The judge needs to be unbiased towards anyone or anything, while being judgmental. You might correct me and say, ‘the reason that the Judge needs to know the law is because he needs to delineate according to the letter of the law itself, which doesn’t necessarily make the judge unbiased.’ Well, that’s right, a Judge decides according to the facts and the law books, and his or her job is to put aside personal feelings, biases, and preferences, in order to render a fair Judgment. But non-the-less a certain dichotomy does exist.

Now that we agree that there does exist a rather ironic dichotomy when it comes to the Judge being unbiased, but then becoming just biased and judgmental enough to render a decision. Although trial court is necessary at times, it does have it’s faults including what has been discussed in this article. One way to avoid the inherent dichotomy of trial court is through using a mediator instead. Through mediation both parties agree to agree, and the mediator facilitates their discussions in order to help them define and sign on an agreement.