Welcome to the Posey Circuit Court 

June 15, 2005, Mt. Vernon Indiana

Gavel Gamut

by Judge Jim Redwine

Mediation and Plea Bargains

            Our old friend Abraham Lincoln who knew a little about compromise and conflict said:

 “Persuade your neighbors to compromise whenever you can.  As a peace-maker, the lawyer has a superior opportunity to be a good person.”

             My experience with people who must finally come to or are brought to court supports President Lincoln’s advice.  People may obey a judge’s orders out of fear of possible consequences, but their own agreement will usually be adhered to willingly.

             “I’m not going to do it and you can’t make me unless you ask me nice.”  That’s a quote from one of my two brothers.  He would work like a Trojan if our older brother and sister appealed to his sense of fairness and duty, but he wouldn’t do squat if ordered.

             People know their own situations, desires and culpability far better than any judge or jury could ever divine from clashing evidence and arguments.  What does a person really want?  What did a person really do and intend?

             If parties, with the help of their attorneys, an experienced mediator or a judge in a less formal setting, work together to resolve their conflicts, society is better off.

             It costs Indiana taxpayers about $20,000.00 per year to house an inmate.  We know that eventually almost all persons convicted of crimes are released.  If we are spending all this effort and money to lock up people, isn’t it more productive and safer if when they get out they are not bitter?  A fair plea bargain requires that only the guilty are convicted and that they publicly admit their guilt.  This allows for more consistent sentencing and better attitudes on the part of victims and defendants.

             In civil cases, incarceration is not an issue, but compensation, reconciliation and continuing relationships are often important considerations.

             In domestic relation cases, for example, parents are still parents after they are no longer spouses.  How much better is it for families and all of us for parents to work out their own arrangements with professional guidance?

             And in disputes between business associates, ongoing relationships are more likely to survive a settlement than a trial.

             The art of politics is compromise.  War is politics by other means.  War is bad.  Compromise is good.              Ergo, mediation is mandatory and fair plea bargains are approved in the Posey Circuit Court.

“Blessed are the Peacemakers.”

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Last modified: 01/04/07