Legal Definitions - private judging

Private judging is a method of resolving legal disputes outside of the traditional public court system. Instead of waiting for a court date and being assigned a judge, the parties involved agree to hire a private individual, typically a retired judge, to preside over their case. This private judge conducts a trial that closely resembles a standard courtroom proceeding, often following the same rules of evidence and procedure used in public courts.

The key differences are that the parties choose their judge, schedule the proceedings at their convenience, and pay for the judge's services. While private judging offers flexibility and often greater privacy, the decision made by a private judge is typically legally binding and can usually be appealed to a higher court, similar to a verdict from a public court.

• Example 1: Complex Business Dispute

  Two large pharmaceutical companies, PharmaCorp and BioGen, are embroiled in a multi-million dollar dispute over patent infringement for a new drug. They want to avoid the lengthy delays and public scrutiny of a traditional court trial, which could take years and expose sensitive business strategies. Both companies agree to engage a highly respected retired federal judge known for her expertise in intellectual property law.

  This illustrates private judging because the companies are choosing to bypass the public court system. They are hiring a specific, experienced individual (the retired judge) to hear their case, control the timeline, and issue a binding decision, much like a regular trial, but with the added benefits of specialized expertise and increased confidentiality.

• Example 2: High-Net-Worth Divorce

  A prominent entrepreneur and their spouse are divorcing. They have substantial assets, multiple businesses, and complex financial arrangements. Both parties wish to resolve their financial and custody matters discreetly and efficiently, without their personal lives becoming public record or getting caught in the slow pace of the public family court system.

  Here, the couple opts for private judging by hiring a former family court judge with extensive experience in complex asset division and child custody cases. This allows them to schedule hearings at their convenience, maintain privacy regarding their financial details, and receive a well-reasoned, legally binding judgment from an expert, which can then be formally entered into the court system and appealed if necessary.