5 Benefits of Using Private Judges for a Litigation-Free Divorce
As another example that money doesn’t buy happiness, Google co-founder Sergey Brin, who has enough money to buy every team in the NFL, is on his second divorce from Nicole Shanahan.
Did this computer scientist, internet entrepreneur and business magnate decide to litigate during his divorce?
No, of course not. Rather than staying tied up in the court system for years, with the details of his personal life up for endless scrutiny, he chose a private judge—and so could you.
Some people are nervous about using private judges because they’re not familiar with how they work, but they offer an option that’s court-approved and generally more economical and streamlined than a drawn-out court proceeding.
Here are five advantages you get with a private judge.
Private judges’ decisions are subject to full review of the court.
Private judges have similarities to arbitrators, in that the role of both is to be a decider for people who can’t reach decisions themselves, Critics of arbitration argue that an arbitrator is not required to provide a reason for decisions, and unless there was gross negligence on the part of the arbitrator, there is no right to vacate or modify the award.
By this principle, appellate courts are not allowed to overturn arbitration awards even if they do not follow established case law or even the plain words of the parties’ agreements.
But a private judge’s decisions are different. They’re subject to full judicial review.
If you disagree with the private judge’s decision, it can be reviewed two ways. The first is the “mini-appeal model” which is called hear and report. In a “mini-appeal,” a judge of the court reviews the private judge’s decision and it becomes an order of the court if that judge approves it. If the judge does not approve it, then the judge will issue a new decision.
The second kind of review is the ”appeal model,” called “hear and determine,” in which the private judge’s decision is reviewed by a judge but regarded as an order of the court even if the reviewing judge disagrees with it. In that case, the private judge’s decision is still subject to a complete review by an appellate court if needed.
A private judge is appointed by the court, but works independently from the court system.
A private judge is an attorney who is appointed by the court to act as an arm of the court in that private judges can provide decisions to the parties that hold the full weight of the court.
But, the private judge works independently from the court system, which is clogged and formal, and provides the parties a more informal means to resolve their divorce.
Private judges possess deep-subject matter expertise.
If you go through a litigated divorce, the first thing you will do is find out who your judge will be.
You never know whom you will get as a judge (and that person is not always guaranteed to be the most qualified individual).
By contrast, if you request a private judge and suggest names to the court, they will most likely appoint one of your choices only if the private judge has deep expertise related to the subject matter of your case.
As a result, private judges usually have an in-depth knowledge of the subject matter at hand such as a complex division of assets.
But the requirement for deep subject-matter expertise in divorce law does not hold for judges in the court system.
Private judges can resolve your divorce quickly and systematically.
Since the private judge is appointed by the judge handling your case, that judge can determine if the private judge has the capacity to handle your divorce expeditiously instead of being overloaded with other cases.
However, the judge in court is not required to have the capacity to hear your divorce without long delays and may be handling hundreds of cases at once.
The court is treated like an emergency room that has to triage what it can do based on the parties’ needs.
If the court system is bogged down, this will in effect put you in a “waiting room” where it can take years before any decisions are made in your divorce if there are no “emergencies” for the court to address. A private judge can likely move you quickly to the front of the line.
Private judges have the power to hear specific issues in a streamlined manner.
In your divorce, if you cannot resolve your issues, the court will usually hold two trials—one on custody and one on financial issues.
The court does not usually hold hearings on specific issues unless there is an emergency issue such as exclusive occupancy of the marital home.
The parties are then stuck in the court system for years waiting for a trial date because their case is not an emergency and they only want the court to decide one main issue, which will then permit them to move on with their divorce.
The private judge could schedule a streamlined hearing to determine the fate of this one sticking point.
Private judges aren’t for everyone, but they’re an alternative to a clogged court system that growing numbers of people are investigating.