Legal Definitions - rent-a-judging

Definition: Rent-a-judging, also known as private judging, is a type of alternative dispute resolution where parties hire a private individual to hear and decide a case. This process can occur through a contract between the parties or a statute authorizing such a process.

Private judging is different from arbitration because it is less contractual and less privatized. Parties can agree to send a case to private judging after a dispute arises. They have the freedom to determine the time and place of trial, as well as the identity of the judge. Unlike arbitration, privately judged trials may:

1. Use the same rules of procedure and evidence used in ordinary litigation
2. Be exposed to public view by court order
3. Be adjudicated only by a former judge
4. Be subject to appeal in the same manner as other trial verdicts

Private judging is essentially an ordinary bench trial except that the parties select and pay for the judge.

Example 1: Two parties are in a dispute over a contract. They agree to hire a private judge to hear and decide the case instead of going to court.

Example 2: A state statute allows parties to use private judging to resolve disputes. Two parties agree to use this process to resolve their dispute over property ownership.

These examples illustrate how parties can use private judging to resolve disputes outside of the traditional court system. They can choose a private judge and determine the time and place of the trial. The private judge will hear the case and make a decision that can be subject to appeal like any other trial verdict.