What are the differences between arbitration and private judging systems?

Arbitration and private judging systems are both forms of Alternative Dispute Resolution (ADR) Law in California. Although both are forms of dispute resolution outside of the court system, there are some important differences between the two. Arbitration is a more formal process than private judging. The parties involved will usually agree to a neutral third-party arbitrator, who is usually a lawyer, to make a decision on the case. The arbitrator will base their decision on California state law, as well as any evidence presented to them. The arbitrator’s decision is typically non-binding, meaning that either side can challenge the decision in court. A private judging system differs from arbitration because the private judge is typically a retired judge. The private judge will also be an expert in the type of dispute being argued, for example contracts, family law, etc. The decision the private judge makes is usually binding, meaning it cannot be challenged in court. In summary, the main differences between arbitration and private judging systems are that in arbitration a neutral third-party is usually appointed, while in private judging the judge is usually a retired judge and an expert in the relevant area of law. The decision made by an arbitrator is typically non-binding, while a private judge’s decision is usually binding.

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What are the differences between arbitration and private judging systems?

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