NCJ Number
114943
Journal
Valparaiso University Law Review Volume: 21 Issue: 3 Dated: (Spring 1987) Pages: 681-718
Date Published
1987
Length
38 pages
Annotation
This note proposes a model private judging statute which provides optimum flexibility and efficiency while eliminating some of the perceived problems.
Abstract
Private judging allows parties to take their dispute out of the traditional court system for resolution by a neutral third party. The parties' desire to resolve their dispute quickly is the primary motive behind the private judging alternative. The parties select and compensate the neutral third party, the private judge. Since the parties using private judging pay the judge's fee, some commentators argue that the process raises the constitutional concerns of equal protection and due process, but the private payment aspect of the procedure is not determinative of its constitutionality. Indiana's private judging statute does, however, have deficiencies that should be addressed: the qualification requirements for serving as a private judge, the subject matter justifiable by the private judge, and court appointment of the private judge if the parties cannot agree. The proposed private judging statute addresses each of these issues. It provides that attorneys, as well as former judges, may serve as a private judge. The jurisdiction of private judging includes all civil actions. The proposed statute permits a traditional court to appoint, subject to the parties' approval, a private judge if the parties cannot agree on the selection. 253 footnotes.