A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.
Introduction; Part I. Vanishing Trials, Transformed Legal Systems: 1. Judicial role in transition; 2. The comparative landscape; 3. New legal Families; Part II. Settlement Practices and Perspectives of Judges: 4. Challenges of studying judges; 5. Untold narratives: stories judges and lawyers tell about the Judicial role in settlement; 6. Power and persuasion: the judicial role as reflected in courtroom observations; Part III. Legal Metamorphosis?: 7. A new paradigm for judicial involvement; 8. New horizons of mediation; 9. The law – end or turning point?; Conclusion; Index.
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