— Also termed rent-a-judging.
“In contrast [to arbitration], private judging is a less contractual, less privatized process. Party agreement, usually formed post-dispute, does send a case to private judging. And the parties have the freedom of contract to determine the time and place of trial, as well as the identity of the judge. Unlike arbitration, however, privately judged trials may … be: (1) required to use the same rules of procedure and evidence used in ordinary litigation, (2) exposed to public view by court order, (3) adjudicated only by a former judge, and (4) subject to appeal in the same manner as other trial verdicts. In sum, private judging is essentially an ordinary bench trial except that the parties select, and pay for, the judge.” Stephen J. Ware, Alternative Dispute Resolution § 2.54, at 113 (2001).
