Peter Jones

Why did Athenians resort to arbitration by hedgehog? 

issue 26 October 2013

Since trial by jury is so expensive, government is keen to cut costs on legal aid by ‘alternative dispute resolutions’ (ADR) and settle e.g. family disputes before they ever come to court.

The situation in classical Athens was similar. Though jurors were paid by the day, enabling money to be saved by cramming in as many trials as possible in the session, their numbers were very high — 201, 401 or 501 depending on the case in hand — and the cost consequently heavy. So the authorities did all they could to engineer an early settlement.

The process was part mediation (persuading both sides to agree a settlement) and part arbitration (a settlement imposed by a third party). Step one would be for the two parties to a dispute to appoint a private citizen to settle it. We have an example from a comedy by Menander (4th century bc), in which A has found an abandoned baby, gives it to B to rear, but wants to keep the necklace which the baby had with it.

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