Photo: Shutterstock No Need To Wait To Tap Private Judges Under CPLR
There is no reason for practitioners and their clients to wait for the legislature to act. The mechanism of hiring a private judge is already fully available.
March 22, 2021 at 09:45 AM
2 minute read
I read with interest the article "A Proposal for Private Judging in New York," by David B. Saxe and James M. Catterson, March 12, 2021.
Although it was not cited in the article, a piece that I published in the New York Law Journal over four months ago alerted practitioners in New York that the CPLR already allows for the engagement of what I referred to as "private judges." See K. Schlosser, "The Use of Private Judges: New World, New Wave?" NYLJ, Nov. 6, 2020. As I indicated, there are several advantages and benefits that currently exist under the applicable provisions of the CPLR, including allowing for flexibility and certainty afforded by private judges, the availability of expertise catered to the case at issue, avoiding the cost and bureaucracy of ADR forums, obtaining an enforceable judgment and preserving full appeal rights that arbitration does not afford.
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