Can Injustice Benefit You? Can Justice Harm You?

TLDR: Yes, in both cases.

The concept of injustice vs justice in dispute resolution is multifaceted and complex. Any dispute has at least two sides, and rarely are the equities clear-cut, with one party being completely in the right and the other in the wrong. Often, there are gray areas and nuances that are better addressed through compromise and negotiation rather than through a third-party decision, which may disregard these shades of gray.

Why is Compromise the Keyword?

In a negotiated settlement, whether it be a criminal plea bargain, a private settlement of a civil claim for damages, or an international dispute, each side must accept something less than what they believe they are entitled to. This means that while a settlement can be seen as an injustice, taking away part of what a party feels they deserve, it can also be viewed as a fair compromise that prevents the risk and expense of a full trial and the uncertainty of a third-party decision.

Unpredictability of Fully-Fought Trials

A full trial, where a neutral third party declares the winner and the loser, can be highly unpredictable. Even if a party is convinced they are in the right, they still face the risk of losing everything. For the party who wins, they gain everything even if they were partly at fault. Conversely, the party who loses may be deprived of a share to which they were entitled.

What Makes a Process Fair and Just

The notion of legal justice is not absolute. What makes a legal process fair and just is that the rules are followed, and the evidence—often conflicting—is fairly presented and considered by the factfinder. Differences in the conclusions of judges or juries based on the same facts highlight the risks involved, even when a party is certain they are in the right.

Disputes can be resolved through various means, including negotiation and compromise, which offer a way to navigate the complexities of gray areas and conflicting equities. Understanding the dynamics of injustice and justice in dispute resolution is crucial for all parties involved, ensuring that both sides can reach a fair and reasonable outcome.