Sacramento Private Judging & Arbitration Attorney

Years of Experience Protecting Families Throughout California

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Divorce
Spousal Support
Child Support
Death & Incapacity

Sacramento Private Judging & Arbitration Lawyer

Private judging is an alternative to the traditional court system that allows parties to resolve their disputes using a neutral third party. Private judges are typically retired or former judges who have been specially trained in mediation and arbitration. Using a private judge can be beneficial for parties who want to avoid the time and expense of going to trial. In addition, private judging can provide a quicker and more informal resolution to disputes. However, the use of a private judge is only appropriate in some cases, and parties should consult with an attorney to determine whether this option is right for them.

At McCunn Law, we have years under our belt working with clients who prefer to settle their disputes through private judging. We deeply understand the mediation and arbitration processes, and we are prepared to help you determine whether this option is best for you. Our experienced attorneys can also guide you through all aspects of private judging, from selecting a judge to understanding and preparing for the hearing. We are committed to ensuring that your case is resolved efficiently and effectively, and we will fight for the best possible outcome for you. Contact us today to discuss your legal options in Sacramento County and to learn more about private judging.

A Sacramento Private Judging & Arbitration Attorney You Can Trust Call (916) 827-3427

What Is the California Judges Association?

The California Judges Association (CJA) is an organization of state judges who serve to promote and uphold the rule of law and improve the quality of justice in California. The CJA provides support and resources to judges throughout the state, including educational opportunities, advocacy for judicial reform, and recognition of distinguished judicial service.

The CJA also serves as a resource for private judges, providing information on the qualifications and requirements of private judging as well as a directory of private judges throughout California. Private judge applicants must provide evidence of their qualifications, experience, and good standing before they can be listed in the CJA directory. This ensures that private judges are qualified to handle the types of cases that come before them, and no one seeking to hire a private judge will be left with inadequate service.

Why Is Private Judging So Compelling for Some Individuals?

Private judging is an attractive alternative for individuals for many reasons, including:

  • The ability to select your own judge and agree on the rules of the arbitration: In a traditional court case, you cannot choose which family law judge hears your case. You are subject to the court’s discretion as to where your case is filed. With private judging, you have more control over your judge’s selection and the rules that will govern the arbitration. This can make people feel more supported and secure in the process, having time to acquaint themselves with the judge ahead of time.
  • A more informal setting, which can be less stressful for the parties: Private judging is not as formal as going to court. For example, parties may be able to submit exhibits via email or have more freedom in the time and length of their arguments. Private judges also tend to place a greater emphasis on collaboration and resolution than the traditional adversarial setting of a courtroom.
  • A faster resolution: Private judging can provide a much speedier resolution than going to court. Because the parties agree on the rules of arbitration beforehand, private judges will typically adhere to them without any delays. This can help to save time, money, and energy for all parties involved.
  • Greater privacy and confidentiality than a public trial: Private judging hearings are not open to the public. This can allow parties to resolve their issues without the community’s scrutiny, which may be beneficial in cases involving sensitive or personal matters.
  • The possibility of avoiding future court proceedings or appeals: Parties who agree to private judging cannot appeal their decision in a court of law. This can provide finality for both parties and help ensure that the dispute is finally resolved.

The combination of these factors can often make private judging a much more attractive option for individuals looking for a swift and efficient resolution to their dispute. Decide what is important to you and consult with an experienced attorney to determine your best course of action.

How Does the Private Judging/Arbitration Process Work?

The private judging/arbitration process typically consists of the following steps:

  • Selection of the judge: The parties must agree on a qualified judge to preside over their dispute. They could be an attorney, retired judge, or other experienced professional.
  • Agreement on the rules of arbitration: The parties must agree on the procedural rules that will govern their arbitration. This includes matters such as how to submit evidence, who will bear the costs of arbitration, and any other points of contention. The agreement should be documented in writing prior to the start of the arbitration.
  • Preparation and submission of documents: Each party must prepare, organize, and submit all relevant evidence and arguments to the judge. This includes any additional witness testimonies, documents, or other objects that may be relevant to the dispute.
  • The hearing: The parties will appear before the judge and present their arguments. The judge may allow for witnesses’ questioning or accept other forms of evidence as necessary.
  • Ruling: After considering all the evidence, the judge will make a ruling on the dispute. This ruling is legally binding and cannot be appealed in a court of law.

This simplified overview can help provide general guidelines for what to expect when engaging in private judging/arbitration. However, it is crucial that parties consult with an experienced attorney to understand the full implications of private judging/arbitration.

A Deeper Understanding of How to Select Arbitration Rules

When selecting arbitration rules, it is important to consider various factors, such as the amount of money at stake and the complexity of the dispute. The rules of arbitration should be tailored to the specifics of the case to ensure a fair and effective resolution.

Some important factors that parties should consider when selecting arbitration rules include:

  • The jurisdiction of the dispute: The parties should determine which laws will govern their dispute and whether they want the arbitration to be conducted in a specific location. This is important in scenarios where the parties are from different countries, states, or provinces.
  • The scope of the dispute: The parties should decide what issues need to be resolved in arbitration and which ones can be left out. This will help to ensure that only relevant issues are addressed and may also reduce the costs associated with the arbitration.
  • The forms of evidence: The parties should decide whether to allow for oral testimony or other forms of evidence, such as affidavits or expert reports. This will ensure that all evidence is considered and can be used to reach a fair resolution.
  • The qualifications of the judge: The parties should agree on the qualifications of the judge and any other experts that may be needed to preside over the case. This will help prevent either party from pointing to bias or a lack of qualifications.
  • The costs: The parties should decide who will bear the costs of the arbitration as well as other associated expenses. This will help ensure that the arbitration process is fair and equitable for both parties.

When selecting arbitration rules, it is important to ensure that the rules are comprehensive and tailored to the specifics of the case. This can ensure that the parties can reach a fair resolution in a timely and effective manner.

Qualities to Seek in a Private Judge

It is important to select a qualified and experienced private judge to ensure that the arbitration process is fair and effective. A good private judge should have the following qualities:

  • Knowledge of the law: A qualified private judge should have a thorough understanding of the applicable laws and regulations, as well as the ability to interpret them. The best way to ensure that the judge is knowledgeable is to look for one who has been practicing law for several years or who holds a specialized degree in arbitration.
  • Neutrality: The private judge should be impartial and unbiased, as any perceived bias could affect the outcome of the arbitration. To assess the neutrality of a judge, parties should look for someone who does not have any financial incentives or conflicts of interest in the case.
  • Communication skills: The private judge should be able to clearly communicate with the parties and ensure that all evidence is considered. When you are holding initial conversations with a potential judge, you should assess whether they are friendly, accessible, and if their communication style is suitable for the dispute.
  • Experience: The private judge should have experience presiding over similar cases, as this can help to ensure that the arbitration process is conducted smoothly.
  • Ethical standards: The private judge should be familiar with and adhere to the ethical standards set forth by the applicable rules of arbitration.

Selecting a qualified and experienced private judge is vital to ensuring that the arbitration process is fair and efficient. With the right judge, parties can rest assured that they will receive a resolution to their dispute quickly and cost-effectively.

What If Decisions Made in Private Judging Need to Be Reversed in the Future?

In some cases, decisions made in private judging may need to be reversed if new evidence comes to light, the original decision was made in error, or if life circumstances have changed and warrant a re-examination of the case. Because there is no official appeal process, the parties will have to decide how to proceed.

In some cases, the parties may agree to submit a motion for reconsideration or a motion to set aside the original decision. This motion must be presented in writing and should provide persuasive evidence as to why the decision should be overturned.

If the parties cannot agree on a motion, they may need to go through the process of arbitration again. This will involve selecting new arbitrators and working through the dispute resolution process again. This can be time-consuming and costly but may be necessary to reach a fair and equitable resolution.

What Types of Cases Can Be Subject to Private Judging?

Private judging can be used for many types of cases, including but not limited to contract disputes, family law matters, employment disputes, and neighbor disputes. Some of the most common cases that are subject to private judging include:

  • Breach of contract cases: Private judges can be used to resolve disputes between two parties who have entered into a contract and one or both of the parties has failed to live up to their obligations. These disputes can involve matters such as payment or delivery of goods, failure to perform a service, or any other breach of contract.
  • Divorce: When two individuals decide to officially end their marriage, private judges can be used to help resolve disputes over issues such as the division of assets, spousal support, and child custody.
  • Domestic Violence: Private judging can be used to determine appropriate remedies for individuals who have been victims of domestic violence, including orders of protection and other court-ordered sanctions. Any domestic violence dispute must be treated with the utmost care and sensitivity, and a qualified private judge is needed to ensure that the dispute is handled fairly and equitably.
  • Employment disputes: Private judges can be used to resolve disputes between employers and employees related to issues such as termination, unpaid wages, and discrimination.
  • Neighbor disputes: Private judges can be used to settle disputes between neighbors, such as issues related to noise, property damage, and trespass.

Contact McCunn Law Today

McCunn Law is a law firm with extensive experience in dispute resolution. We strive to help our clients resolve their disputes in an efficient and cost-effective manner. If you are considering the use of a private judge, contact us today to learn more about how we can help. We will work with you to ensure that the process is handled in a fair and equitable manner while obtaining the best possible outcome for your unique situation.

Why Choose McCunn Law

Our methods for handling business owner divorce and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.