Private Judge
1. What does it mean to have a "private judge"?
This means that the parties choose an experienced neutral to serve as a temporary judge of their trial court -- if state law permits it. Once this private judge is appointed, he/she functions exactly as if he/she were a trial court judge, except that the hearings are usually held in private offices.
2. Why might this be preferable to arbitration?
Parties and counsel choose private judges for a variety of reasons, the most common of which are (1) that the proceedings will be conducted under applicable procedural and substantive law, and (2) that any party who wishes to may appeal the judgment.
3. Why not just go down to the courthouse where the judges are paid by the State?
Many courthouses are so busy that parties experience long delays. A private judge can usually commit to handling a matter sooner. Also, if the parties all agree, they can pick their "judge" and not be exposed to the (perfectly appropriate) random selection process at the courthouse. Parties also can pick a neutral with experience in the precise type of dispute they have.
4. Why wouldn't the cost be prohibitive?
Most people say that the efficiencies experienced by having the private judge outweigh the incremental cost. Some efficiencies mentioned are:
- availability of the private judge for informal pre-hearing conferences,
- absence of numerous postponements of the trial that are often experienced at the courthouse, and
- streamlining by agreement some of the procedural rules.
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