The backlog in the New York judicial system following the COVID-19 pandemic that began in 2020 is undeniable. Much has happened since Chief Administrative Judge Lawrence K. Marks issued his Sept. 29, 2020 Memorandum wherein he noted that then Governor Andrew Cuomo had exercised emergency powers afforded to him by the legislature to cut the judiciary budget by 10%, or approximately $300 million. The operation of the judicial system, how trials are conducted, how court appearances are conducted, etc., have all been impacted by the backlog and the COVOD-19 pandemic.

And yet, while the New York legislature continues to enact new laws that impact our judicial system, and practitioners continue to be required to adapt to new procedural rules and requirements, private judging akin to the model embraced by the state of California remains seemingly elusive. Specifically, the California Constitution, and California's Code of Civil Procedure, authorize parties to stipulate to the use of a private judge and to define the authority granted to the person selected as private judge. For a description of the particulars of the California model, see Saxe and Catterson, A Proposal for Private Judging in New York, New York Law Journal (March 12, 2021).

On his website, Duncan Wardle—the former Head of Innovation and Creativity for the Walt Disney Company—explains the "power of yes." Wardle explains the pervasiveness in our culture of reacting to new ideas with an almost instinctual "No, because" response. One can read the following on his website: