Florida Private Judging & Voluntary Trial Resolution Services
Florida law allows parties in certain civil cases to resolve disputes through private judging, formally known as Voluntary Trial Resolution. This is a court-approved process, under Florida Statute §44.104, that enables a privately appointed judge to decide particular issues, such as discovery disputes, or the entire matter without waiting months for a hearing or trial date.
The statute offers another path when cases are ready for resolution but court congestion causes delay.
How Private Judging Works
Private judging is a formal trial process conducted in accordance with Florida court rules. The private judge hears witnesses, listens to legal arguments, and makes findings that can be given to the court for judgment.
Private judging is not the same as arbitration or mediation. Unlike mediation, private judging ends with a binding decision.
When Private Judging Can Be Used
Private judging is not limited to a full trial on the merits. The statute expressly authorizes voluntary trial resolution of “any civil action or any part thereof.” So, parties may use a private judge to resolve specific issues at various stages of litigation, such as discovery disputes, evidentiary matters, or pretrial motions. The private judge’s decisions are then submitted to the trial court, where they may be entered and enforced as orders of the court.
When Private Judging Is Most Beneficial
- Discovery disputes are delaying the progress of the case
- The matter is trial-ready, but a date-certain trial date cannot be obtained
- Mediation has been attempted, but did not resolve the dispute
- The parties seek clarity, structure, and forward progress
- Counsel prefer a neutral with significant trial and judicial experience
How a Private Judge Is Selected
Florida’s Voluntary Trial Resolution statute allows parties to play an active role in selecting the private judge who will hear their case.
The parties jointly agree on a qualified private judge and submit that agreement to the court for appointment. The private judge must meet Florida’s statutory requirements and be appointed by the court.
This process allows counsel and clients to consider factors such as experience, subject-matter familiarity, and availability, while preserving the neutrality and authority of the decision-maker.
Our Experience
Our firm offers private judging by experienced trial attorneys and a former retired Brevard County judge, all of whom are also certified mediators. We are known for being practical, clear, and professional. We also bring a strong understanding of Florida civil procedure and court practices, which is important when serving as a private judge on Florida cases, and helps proceedings move forward efficiently while remaining aligned with local law.
Our focus is on delivering timely decisions that respect both legal requirements and practical considerations. The same qualities that help us succeed in mediation, good preparation, approachability, and respect, are part of our private judging services, too.
Private Judging vs. Mediation in Florida
While both are forms of alternative dispute resolution, private judging serves a different purpose than mediation.
Mediation focuses on negotiation. A mediator serves as a neutral third party to facilitate discussions and works to help parties reach a voluntary settlement. If an agreement cannot be reached, the dispute remains unresolved.
Private judging is different in that the private judge serves as a neutral decision-maker to issue rulings or binding decisions to resolve disagreements or decide a case, similar to a public court judge.
Private judging is a good choice if talks have stalled and you need a final decision, while ensuring a quicker resolution of the issues.
Contact Us
If you are seeking private judging services in Brevard County or throughout Central Florida, call us at 321-341-5257 or complete this form to schedule a free consultation.
Frequently Asked Questions
Is private judging the same as arbitration?
No. Private judging in Florida follows court procedures under Florida Statute §44.104 and ends with findings that can be submitted to the court for entry as a final judgment. Arbitration, by contrast, is typically governed by contractual agreements and does not always follow the same procedural rules as a court proceeding.
Who can serve as a private judge?
Florida law says private judges must meet legal requirements and are chosen by the court, usually with the parties’ agreement.
Is mediation required before private judging?
No, mediation is not required before private judging. Many cases try mediation first, but if it does not work, they can proceed to private judging.
Are private judging decisions enforceable?
Yes. The court can turn private judging decisions into enforceable judgments under Florida law.
What types of cases qualify for private judging?
Private judging is allowable for most civil cases. However, it cannot be used for cases involving child custody, visitation, or child support.
Where does the authority for Private Judging & Voluntary Trial Resolution come from?
Voluntary Trial Resolution is an alternative to traditional litigation and mediation that is authorized by Florida Statute §44.104 that allows parties to resolve all or part of a civil case through a privately appointed judge. It provides a faster, more flexible alternative to traditional court litigation while still producing enforceable results.
