So Cal- he was a good Judge and former Corporation counsel of NYC. But he will not employ as an approach what you suggest for various reasons. First, this is a really high profile case that has the potential to land him- as it does many retired judges- a boat load of future mediation work. Second, and perhaps more importantly, there is likely to be an appeal- whether it is to District Judge Carol Amon ( also a really good judge) or somewhere else, he knows he has to be a judge here, folllow the facts and law and not be merely a baby splitter.