Private Adjudication Offices of ALEXANDRA LEICHTER   Services   Family Law Private Judging A Private Judge in California is an active member of the State Bar who is agreed upon by the parties to preside over the trial of the entire case, or may be retained to render decisions on only certain limited issues. Judgments issued by the Private Judge have the same force and effect as judgments of public judicial officers and these judgments are fully appealable. Private trials are usually held in private offices, court reporters may be present as requested by the parties, and proceedings are subject to the identical rules of evidence as those of public court trials. Private judging is often the most cost-effective, efficient way to have a family law case tried, while still preserving the right to appeal:     ·         The individual needs of the attorneys and litigants can be much more easily accommodated to provide for uninterrupted trial time; the case can be tried on consecutive days; and there are no long delays in setting trial dates or postponements in the midst of the case.   Thus, attorneys’ fees for trial preparation are reduced, as there is no necessity for re-preparing the case each time the matter is delayed or interrupted, as is commonplace in the public court system . ·         The case is tried by a California State Bar Certified Family Law Specialist with extensive experience in litigating complex property, support and custody issues.   Thus, attorneys’ fees are minimized because attorneys need not spend time educating the judicial officer in the intricacies of very technical family law issues . ·         The case is decided quickly and judiciously, to prevent loss of property, and to determine custody issues when necessary.   A Private judge can devote the time to a single dispute, can be available to respond to attorneys via e-mail and telephone, and can schedule meetings and hold hearings at 7 a.m. or at 9 p.m., on weekends, or court holidays.   A Private Judge has the ability to render decisions in a matter of days in private trials because, unlike public judicial officers, a Private Judge does not have dozens of cases on docket on any one day . ·         Parties have the option of utilizing a Private Judge to decide only specific matters, and leave the remaining issues in the public court system.   Thus, certain issues, especially those temporary issues that require some measure of immediacy, can be decided on an expedited basis, and the appellate rights are still preserved .   Arbitration Arbitration The parties can submit their case to a binding or a non-binding arbitration, allowing for hearings to be held in private, presenting evidence and testimony under much more relaxed rules than in a private trial, and obtaining an award of the arbitrator which, if it is a binding arbitration, can be enforced by the court.   The significant differences between a binding arbitration and a private trial are as follows:   ·         Arbitrations are totally private, while private trials must be held open to the public, even though private trials are held in informal offices . ·         All documents submitted in arbitration proceedings are held in strict confidence, and will not be released to the public; while all pleadings in private trials must be filed in the public court system and, thus, are open to scrutiny by the public . ·         Binding arbitration awards are virtually non-appealable, while private trial judgments retain all rights of appellate remedy.    ·         Procedural rules and rules of evidence are much more relaxed in arbitration, whereas private trials require strict adherence to the court rules and evidence rules governing public trials. ·          Technically, an arbitrator is not required to follow substantive law, while judgments in private trials must be made in strict accordance with substantive law.     Reference Certain issues in a case can be decided by a Referee appointed by the parties (CCP §638) or appointed by the courts (CCP §639).   The most frequent use of a Referee is in the discovery process, making recommendations to the judge on issues of privilege, document production, and making immediate rulings on objections during depositions of parties and witnesses.   Referees may also oversee actual division of personal property such as furniture and furnishings, and they may be retained to ascertain certain facts of the case.    A Referee reduces the number of court appearances as well, by eliminating multiple hearings on cumbersome details such as the rendering of accounts . Case Management Parties often find it more economical to utilize a Case Management Referee to oversee the orderly production of documents, scheduling depositions, generally preventing abuse of the discovery process, and aiding in the systematic preparation of the case.   Most public judicial officers do not have the time to render such case management.   A Private Judge may be used by the parties to perform this service . Settlement Conference Opportunities to settle a case arise throughout the proceedings.   However, the most effective time for a Settlement Conference occurs when each side has had full opportunity to complete all discovery.   At the Settlement Conference the parties are urged, but cannot be forced, to settle their case. A Private Judge with extensive family law litigation experience provides the parties at a Settlement Conference with a preview of the likely outcome of the case at trial.   This, in turn, is likely to promote settlement of the case, before extensive attorneys’ fees and expert costs are incurred for preparation and actual trial . Consultation Settlement Conference Opportunities to settle a case arise throughout the proceedings.   However, the most effective time for a Settlement Conference occurs when each side has had full opportunity to complete all discovery.   At the Settlement Conference the parties are urged, but cannot be forced, to settle their case. A Private Judge with extensive family law litigation experience provides the parties at a Settlement Conference with a preview of the likely outcome of the case at trial.   This, in turn, is likely to promote settlement of the case, before extensive attorneys’ fees and expert costs are incurred for preparation and actual trial . Consultation Consultation Divorce and custody disputes are rarely well planned in advance, even though a successful result often depends on the amount of information obtained before the legal process begins. Consultation with a highly experienced former family law litigator can provide focus, direction and strategy for a tailor-made course of action, and provide the information necessary to avoid litigation pitfalls.   Furthermore, such information and advice will be totally unbiased, as the family law specialist will not be undertaking representation of the case.   Consultation is strictly confidential, and the attorney-client privilege attaches the moment the Consultation begins; thus, the opposing party cannot access any information provided to or from the client. A Consultation is often used in helping determine where, when, or even whether, to file for dissolution; to plan tactical advantages; to learn the tactical disadvantages in the particular case, and a whole host of other key information that is unique to each case.   No amount of general reading material can provide the kind of unbiased information that can be gathered in such a one-on-one Consultation . Evaluation This is often called a "second opinion".  Both attorneys and clients are often concerned about the progress of an existing family law case.  A thorough evaluation by an experienced family law attorney, who will not undertake representation in the case, will provide an unbiased and effective means to obtain perspective and guidance.