Decisional Processes - Private Judging

Nature of Private Judging

Private Judging is a special type of decisional process, based on arbitration.   A retired judge is appointed by parties in dispute to preside over a "private trial".

The judge is required to be actively involved in the management of the process, which is expected to be as efficient and as authoritative as possible.  The judge’s objective is to determine the dispute quickly, with finality, in accordance with the law.

The judges’ authority is derived from the Commercial Arbitration Acts.  The fact that the decision maker is a retired judge adds a whole extra dimension of authority to the proceedings.

The Private Judging Process

This process is both fully facilitated and centrally managed by Dispute Solutions.  We work closely with the judges to ensure that everything runs with smooth efficiency.

Process stages:

The judge conducts a Preliminary Planning Meeting to:

• Identify the issues in dispute.
• Specify an efficient process for dealing with the matter.
• Determine information and evidence requirements and how they will be presented.
• Set a process timetable, including hearing dates.
• Agree the costs of the process.

Submissions and reports are prepared and exchanged, in accordance with the agreed arbitration plan and timetable.

The judge then conducts the Formal Hearing, which may run for anything from a half day upwards.

After hearing all the arguments and reviewing all the evidence, the judge concludes the proceedings by producing a written “Award”, which is legally binding on the parties.  The Award is like a simplified court judgment– it states the judge’s decision, along with brief reasons.

The parties can agree to be absolutely bound by the judge's decision, excluding all rights of appeal, if they want to make the process completely final.   Otherwise, they have limited rights to appeal the judge's decision directly to Court.

Benefits of Private Judging

Private Judging is a particularly effective process where parties require an experienced, objective and highly credible third party to make a final and binding determination on complex factual or legal issues.  They get a decision that carries similar weight to a court's determination, while avoiding most of the delay, cost and stress that comes with conventional litigation.

The process can save spectacular amounts of time and cost in complex commercial disputes, where large sums of money may be involved and where decision makers are accountable to Bosses, Boards, shareholders and other stakeholders.

Private Judging also works particularly well in family law / divorce and in de facto separations.  Think of it as using a private health system instead of the public system.  By using our former Family Court judges, parties get rapid closure on legal, property and parenting issues.  They keep most of their assets to themselves, rather than paying enormous lawyers' fees over long periods of time and can get on with re-building their lives, rather than having to grind their way through a stress-filled, slow, expensive and impersonal Family Court system.