Rabbi Eliezer ben
R. Yossi says, “It is forbidden for a judge to arbitrate a compromise.”
It is certainly permissible for disputants to settle out of court, or
to ask an arbitrator to help them. However, once they come to court, the
judge who arbitrates a compromise shows that in his opinion the
compromise settlement is more correct than an appropriate ruling based
on Torah law. Furthermore, in settlement the would-be winner is robbed
of some money.
Rabbi Yehoshua ben Korcha says on the contrary that before the verdict it
is a meritorious deed for a judge to arbitrate a compromise - “...execute truth and judgment of
piece...”, and “judgment of piece” means compromise - like king
David, who “...rendered
judgment and righteousness...” And Rabbi Eliezer explains that king
David would render a strict judgment first, but then if the loosing
party was poor, he would pay his own money.
Art: Louis Katzenstein - Anthony van Dyck at the Court of Charles I