What is arbitration-based courtroom shows?

From 1981 to 1993, retired Judge Joseph Wapner presided over The People’s Court. It was the first arbitration-based courtroom TV show. Many would follow, including Judge Judy, which played from 1996 to 2021. Since Judge Wapner started his TV show, there have been more than 10 versions of arbitration-based courtroom TV shows.

The cases involved real disputes handled in a small claims court format. There are no lawyers involved. Hence, the presiding judge assumes much of the adversarial function as well as the trier of the facts. At times, the judge will provide elements of entertainment and humor. This overlapping of roles tends to deprive the hearings of the protocols that manage normal trials.

A fundamental assumption of American jurisprudence is that truth is best elicited in an adversarial system. Both sides of a dispute vigorously assert their respective versions of the facts and law. Either a judge or jury will determine which version is more likely than not to be the truth.

The small claims court format allows for a very relaxed set of rules for trial. Also, the TV judge exercises extraordinary discretion about the participants’ behavior that will be tolerated. However, the basic tenet still prevails in TV court. Truth will be revealed in a vigorously pursued adversarial proceeding.

 Randy Couthit

Randy Douthit’s early start in TV programming was in 1982 with CNN and Crossfire. Crossfire featured a debate between two hosts representing opposite ends of the political spectrum. Although the opposite positions were vigorously debated, the relationship of the hosts was civil, even friendly.

Randy Douthit’s experience with those political debate programs prepared him to direct the adversarial climate of TV courtrooms. Unfortunately, Randy laments the decline in civility in TV debate programming and political discourse today.