Temporary Private Judging for Divorces in the Bay Area

At Flicker, Kerin, Kruger & Bissada LLP, we understand that family law disputes, especially divorce, can be intensely personal, complex, and emotionally challenging. When navigating these difficult times, having control over the outcome, timing, and process is essential. One option that allows for greater privacy, efficiency, and control in your divorce or family law dispute is using a temporary all-purpose private judge.

What Is Private Judging?

Temporary all-purpose private judging is a process where a neutral third party, typically an experienced attorney or a retired judge, is hired by agreement of both parties to serve as the temporary judge in their case. If the attorneys and parties choose to hire the neutral to serve in this capacity, the temporary all-purpose private judge will work with the attorneys and the parties on case management to keep the case moving forward; and assist the parties navigate the exchange of information in the case, called the discovery process.  Sometimes, the attorneys and parties also seek assistance from the neutral in working toward settlement of some or all issues in the family law case.  If the parties do not settle all issues, the temporary private judge will hear evidence on the remaining disputed issues in a hearing or trial.  The temporary private judge will hear testimony and arguments, review evidence, and issue a legally binding decision, similar to the traditional court process. However, unlike the public court system, using a temporary private judge allows attorneys and parties more flexibility and usually more confidentiality, which can be especially beneficial in sensitive family law matters like divorce.

At Flicker, Kerin, Kruger & Bissada LLP, our most experienced attorney serves as a temporary private judge and is well-versed in guiding attorneys and their clients through the temporary private judging process, ensuring that each case is handled with the utmost professionalism and care.

Advantages of Temporary Private Judging for Divorce and Family Law Disputes

1. Control Over Timing: One of the main frustrations in traditional court cases is the lengthy delays due to crowded court dockets. Using a temporary private judge allows you to set a schedule that works for you, your attorney, and the temporary private judge. You can often resolve your case much faster than you would in the public court system, helping you avoid the long wait times typically associated with divorce cases.
2. Expert Decision-Makers: Temporary private judges are highly experienced attorneys or retired judges who specialize in family law disputes. This means your case will be heard by someone with significant expertise in the nuances of California family law. Having an expert decision-maker can result in a more informed, creative, and fair ruling.
3. Customizable Process: By using a temporary private judge, the process can be tailored to fit your specific needs. Unlike in a public court, where the procedures are rigid and often require multiple court dates for different aspects of the case, temporary private judging allows for a more streamlined and flexible approach. You and your attorney can work with the temporary private judge to create a process that fits your schedule and goals, focusing on the issues most important to you.
4. Reduced Stress: The traditional court system can be stressful, with its formal procedures, tight schedules, and the unpredictability of waiting for court dates. By opting to use a temporary private judge, you reduce the stress of navigating the public system. You will work with professionals who are there to help you move through the process as efficiently and calmly as possible.
5. Privacy and Confidentiality: Divorce and family law disputes can involve highly personal details that many people prefer to keep out of public records. In a traditional court setting, proceedings are open to the public and sensitive information will become part of the public record.  With temporary private judging, the entire process takes place in private legal offices, so confidential information cannot be overheard by the general public like it is at the public courthouse. This helps to protect the parties’ and their family’s privacy.

Is Temporary Private Judging Right for Your Divorce or Family Law Dispute?

Temporary private judging isn’t the right choice for everyone. Still, it can be highly effective for those seeking a more private, flexible, and expedited resolution to their divorce or family law matter. If any of the following apply to you, temporary private judging may be a good option:

• You value privacy and wish to keep your family law case hearings and trials out of public court.
• You want to resolve your divorce or family law dispute quickly, avoiding long delays in the traditional court system.
• You have complex issues, such as high-asset divorce or contested child custody, that require the attention of an expert.
• You prefer to have more control over the schedule and procedure for your case.
• You are seeking a less stressful, more personalized process.

Temporary Private Judging vs. Traditional Divorce Litigation

While temporary private judging and traditional divorce litigation both result in legally binding decisions, there are several important distinctions between the two processes:

• Speed: Temporary private judges can resolve cases quicker because the temporary private judge, the attorneys, and the parties set the schedule together to accommodate everyone’s availability and timing, while public court dockets often result in delays.
• Cost: While temporary private judging may require payment for the judge’s time, it may save money in the long run by avoiding lengthy, drawn-out litigation in the public court system.
• Flexibility: The rigid rules of public court are not as present when parties use a temporary private judge, which allows for a more adaptable and efficient process.
• Confidentiality: Unlike hearings in the public courtroom, which take place in front of the public, temporary private judges hear cases in private offices. This limits the public’s visibility into a case to what is filed on the record and can offer a more confidential outcome.

Choosing a temporary private judge for your family law dispute gives you the ability to customize the process to suit your needs, avoid many of the challenges associated with public court, and focus on resolving your case efficiently, effectively, and with professionalism.

How to Choose the Best Temporary Private Judge for Your Case

Choosing the right temporary private judge for your divorce is a crucial decision that can significantly impact the outcome of your case. A temporary private judge offers flexibility and expertise, but selecting the right one requires careful consideration. Here are the steps to help guide you in choosing the best temporary private judge for your divorce:

1. Assess Their Expertise in Family Law

The temporary private judge you choose should have significant experience in family law, especially in handling divorce cases. Many temporary private judges are experienced attorneys with in-depth knowledge of divorce laws in California.  They can also be retired judges who sat on the family law bench. 

Find a temporary private judge who has handled cases with complexities similar to yours. Some temporary private judges have limited Family Law experience, so it is important to research the breadth and duration of each expert before making a decision. If your divorce involves high-net-worth assets, complicated business interests, or high-conflict custody matters (such as resist-refuse, relocation, or international issues), the judge should have a strong background in these areas. Before selecting your temporary private judge, ask about their experience with cases involving your specific concerns to ensure they are well-equipped to handle the nuances of your divorce.

2. Consider Their Experience With Private Judging

Not all retired judges or attorneys have extensive experience in temporary all-purpose private judging. It’s important to find a candidate who has experience as a neutral third party and understands the unique requirements of the role. Temporary private judging involves more flexibility and personalized scheduling than the public court system, so the temporary private judge should be familiar with adapting to these needs while ensuring the case moves efficiently.

3. Check Their Reputation and Track Record

As with any professional, a temporary private judge’s reputation and past performance matter. You can ask your attorney for recommendations, research reviews, or seek referrals from friends or family members who have used a temporary private judge in the past. A temporary private judge with a strong reputation for fairness, impartiality, and sound decision-making will give you more confidence in the process.

4. Ensure They Are Impartial

Impartiality is key when choosing a temporary private judge. Make sure that the judge has no prior connection to you, your spouse, or anyone involved in the case, as this could create potential bias. The temporary private judge should be able to approach the case objectively and without preconceived notions, ensuring a fair and balanced resolution.

5. 6. Consider Their Communication Style

The temporary private judge you select should communicate clearly and be willing to work collaboratively with both attorneys and both parties. Some judges have a more formal, traditional style, while others may be more flexible and approachable. Discuss with your attorney what communication style may work best for you and your spouse, especially if you’re hoping for a smoother, less adversarial process.

7. Evaluate Their Decision-Making Process

Temporary private judges may use different approaches when rendering decisions. Some may prefer a hands-on approach, actively engaging with both attorneys and their clients throughout the process. In contrast, others may be more reserved, relying heavily on the evidence presented. Make sure the temporary private judge’s approach aligns with how you want your case to be handled. Some parties may prefer a judge who is proactive in guiding negotiations, while others may prefer a more traditional, evidence-based approach.

Why Choose Flicker, Kerin, Kruger & Bissada LLP for Temporary All-Purpose Private Judging?

When you choose to retain Michèle M. Bissada of Flicker, Kerin, Kruger & Bissada LLP as  the temporary private judge for your case, you are partnering with a legal professional who has over 30 years of experience in both traditional litigation and alternative dispute resolution methods. Ms. Bissada  and her team take the time to understand your unique situation and offer tailored solutions that prioritize both parties’ goals.

As a  skilled temporary all-purpose private judge with extensive experience with complex family law issues, Ms. Bissada will ensure you receive fair, timely, and effective hearings for your family law case. We believe that family law disputes, particularly divorces, require creative, compassionate, and strategic settlements, when possible. When settlement is not possible, a thorough, well-thought-out, and logical decision is required after taking in all the evidence available. Both avenues are exactly what Ms. Bissada provides through her settlement judging and temporary all-purpose judging practice.

Contact Us Today for Temporary Private Judging in Your Family Law Case

If you are considering temporary private judging for your divorce or family law dispute, contact Flicker, Kerin, Kruger & Bissada LLP today. We are here to answer your questions, explain your options, and help you determine if temporary private judging is the right choice for you. Michèle M. Bissada  has the expertise and experience to help the parties navigate the complexities of family law in California with confidence.

Call us today or fill out our online contact form to schedule a consultation. We look forward to helping both attorneys and their clients resolve their family law case with professionalism, discretion, and care.