In complex civil litigation, delay is often the greatest cost. Florida’s private judging statute Section 44.104, Florida Statutes allows parties to resolve disputes through a structured, trial-like proceeding before a privately selected Trial Resolution Judge, rather than waiting for a ruling on a crowded public court docket.

For businesses, professionals, and litigants seeking efficiency, expertise, and control in Florida civil and commercial disputes, private judging offers a powerful alternative to traditional trial—while preserving important appellate rights.

Private judging in Florida, formally known as Voluntary Trial Resolution under Section 44.104, Florida Statutes is a statutory procedure that allows opposing parties in a civil dispute to agree in writing to have their case decided by a qualified private neutral (often a former judge or senior trial lawyer) instead of a sitting circuit court judge.

The proceeding closely mirrors a Florida bench trial:

• The Florida Rules of Evidence apply
• Witnesses testify under oath
• Exhibits are introduced and admitted
• Legal motions are argued and decided
• A written, reasoned decision is issued by the Trial Resolution Judge

After the decision, a party petitions the circuit court to enter final judgment consistent with the ruling. That judgment is enforceable like any other Florida court judgment and can be the basis for appellate review in the District Court of Appeal.

Parties turn to private judging in Florida when they need a binding, court-like process without court-system delay.

Faster Resolution
Avoid prolonged trial settings and judicial backlog in Florida’s state courts by setting a private trial date on a mutually agreed schedule.

Experienced Decision-Maker
Select a highly qualified neutral, often a former Florida judge or senior trial lawyer—with subject-matter expertise in complex business, commercial, construction, or partnership disputes.

Greater Scheduling Control
Proceed on a timeline set by the parties and counsel, not by a crowded circuit court calendar.

Confidentiality and Discretion
Conduct proceedings outside the traditional public courtroom environment, providing greater privacy and discretion in sensitive business disputes.

Preserved Appellate Review
Unlike arbitration, private judging allows appeal to the Florida District Court of Appeal on questions of law, giving parties meaningful appellate rights.

Many Florida businesses initially consider arbitration; however, private judging (voluntary trial resolution) offers a different balance of formality, efficiency, and appellate protection.

Private judging combines the procedural safeguards of a court trial with the efficiency of alternative dispute resolution:

• Formal application of the Florida Rules of Evidence
• Judicial-style written decision grounded in Florida law
• Court-entered final judgment under Section 44.104
• Meaningful appellate review by the District Court of Appeal
• This structure makes private judging particularly attractive in high-value Florida disputes where legal precision, issue preservation, and appellate positioning matter.

Private judging is frequently used in Florida when parties need a binding, trial-like process with preserved appellate rights in sophisticated civil disputes, including:

• Complex business litigation in Florida
• Commercial contract disputes and indemnity claims
• Construction and development matters
• Partnership, LLC membership, and shareholder conflicts
• High-value civil disputes requiring subject-matter expertise and a tailored schedule

Certain cases, such as those involving constitutional issues or specific family-law matters like child custody—are excluded by statute, and all indispensable parties must consent to voluntary trial resolution.

What is private judging in Florida?
Private judging, also called voluntary trial resolution under Section 44.104, Florida Statutes, is a process where parties agree to have a qualified private neutral decide their civil dispute in a trial-like proceeding instead of a sitting circuit court judge.

Is a private judging decision appealable?
Yes. A final judgment entered after private judging can be appealed to the appropriate Florida District Court of Appeal. In addition certain interim orders can be appealed to the appropriate Florida District Court of Appeal.

How is private judging different from arbitration?
Private judging applies the Florida Rules of Evidence, results in a court-entered judgment, and preserves appellate review, whereas arbitration typically offers very narrow grounds to challenge an award.

What types of cases are best suited for private judging?
Private judging is commonly used in complex business, commercial, construction, and partnership disputes where parties want a faster, trial-like process with a neutral who has specific subject-matter expertise.

Contact SSRGA’s Florida Office to evaluate whether private judging (voluntary trial resolution under Section 44.104) is the right procedural strategy for your dispute—and to ensure your case is positioned for success at both the trial and appellate levels in Florida.