The Difference Between Divorce Mediation and Private Judging

Although most of the individuals facing divorce litigation have probably heard of terms such as mediation and private judging, they do not really know the legal implication of either of them. Both divorce mediation and private judging can be cited as a process of resolution which can be used as an economical and less time consuming alternative to a typical divorce litigation that goes on for years in a court of law. However, many times mediation and private judging can also be carried out in conjunction with the regular litigation which implies that if the negotiation does not help achieve the desired result, the parties would then proceed to a court trial. Although both private judging and mediation procedures are carried out in the presence of a neutral third party, there are certain significant differences that distinguish one form the other.

What is divorce mediation? 

Divorce mediation can be described as an informal out of court process which involves an impartial third party known as the mediator, who assists the divorcing parties in resolving their conflicts and disagreements over their marriage. It is the duty of a mediator to guide and assist both the parties in reaching a mutually agreed upon settlement by ensuring the preservation of the underlying concerns and interests of both. A mediator does not however have the right of imposing a certain resolution upon the concerned parties, since he or she cannot grant legally binding verdicts. The final settlement mutually agreed upon by both parties can be merely cited as a contract signed by them, which does not have a legal force. In a nutshell, mediation can be an effective approach to resolving marital conflicts in situations where there is some room for a peaceful negotiation.

What is private judging? 

Private judging of divorce cases, on the other hand, is a negotiation process wherein both the divorcing parties mutually agree upon appointing a neutral third party as a judge to help find a resolution for their marital conflicts outside of the public courtroom, as a private affair. It can be cited as a simplified version of the actual courtroom litigation with lesser complicated procedures and operational guidelines. The private judging starts by both the parties stating their respective concerns and issues in front of the private judge and presenting before him or her the relevant documents and evidence.  After hearing both sides of the story, the private judge has the right to grant an ‘award’ or a final verdict which is held enforceable by the court of law, if either party fails to comply with it. In other words, the decision of the private judge is deemed as binding upon both the parties if the parties agreed to that in the beginning.

Considering the bigger picture, both mediation and private judge are enacted in order to reach a mutually agreed upon out of court settlement which not only saves the time and money of both the parties involved, but also makes the process less emotionally draining for them.

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Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.