What is a private judging system?
A private judging system, also known as private judging or private judging arbitration, is an alternative dispute resolution (ADR) practice available in California and other states that allows two or more parties to resolve a dispute in private before a neutral third party. The “judge” is usually a retired judge or an experienced attorney who is highly knowledgeable in ADR law. The parties involved in the dispute submit to the private judge, who reviews all the facts and evidence and applies the appropriate laws to decide the case and issue a binding, enforceable award. Under California’s Civil Code 1717, private judging prevents parties from having to go to court if they agree to use a private judge instead. During the process, the parties can present their cases before the private judge who will then make a binding decision based on all relevant facts. Private judging can be much less costly, and it can also provide the parties with a quicker resolution. Private judging is usually used for disputes that would otherwise be heard in court, including legal matters like contract disputes, real estate cases, and business disputes. Parties can also agree to use a private judge for family law proceedings, such as divorce or child custody. The advantage of private judging is that both sides are able to present their cases before the private judge in a confidential setting.
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