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Private Judging and Mediation
Private judging and mediation in family law cases
are clear alternatives to the superior court process. Our experience
has been that Private Judging provides a smoother, more efficient
and more personal process that in many instances results in a more
cost-effective resolution.
Private Judging also provides personal judicial access and resources
to resolve complex matters. Parties in a family law matter may request,
retain or choose Steve as a private Judge to make binding, neutral,
fair decisions regarding all or some of the issues in their case.
The decision made by private settlement Judges have the same force
and effect as that of a superior court Judge.
The parties may also select Steve to conduct a private settlement
conference in an effort to avoid costs and the many uncertainties
of a trial. Of course, Private Judging is not for everyone.
In the case of a simple, uncontested divorce, enlisting the assistance
of Steve as a private Judge may be a waste of money. In such an
example, couples simply fill out the paperwork, turn it into the
court and the divorce is granted in practically six months. Assistance
in completing the forms required by the superior court may be received
at the court’s family court self-help center or through the lower-cost
retention of an independent paralegal.
Advantages of
Private Judging and Mediation
The hearing, settlement conference, or trial before a private judge
can be set at the convenience of the parties and their attorneys.
Often this proves to be a financial benefit to both parties, especially
considering the time it takes attorneys to prepare for superior
court appearances only to have them continued to a later date requiring
the attorneys to prepare a second time at the parties’ expense.
Private Judging can also be utilized for short hearings, discovery
matters or emergency orders quickly and informally which saves a
tremendous amount of time and money. Many of these matters may be
conducted by telephonic appearance with Steve Ruben.
Is Your Case Right for Private
Judging or Mediation?
Cases that are best suited for Private Judging and Mediation are
those involving
- Both parties are interested in a cost-efficient resolution
- Parties desire more control over their issue than is allowed in
the Supreme
- Court Process to structure and schedule hearings on immediate
matters regarding child custody, spousal and child support.
- Parties and their respective attorneys desire the convenience
of scheduling their (set) dates for your private Judging or mediation.
- Parties are interested in settlement.
- Parties desire a prompt hearing or settlement conference
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Variations and
Individual Circumstances
Private judging and mediation can be tailored to fit the specific
needs of the parties based on their individual circumstances. For
example:
- The ability to schedule settlement conferences before a highly
skilled family law attorney, which may save the parties thousands
of dollars in attorneys’ fees.
- The parties determine how formal or informal the Judging will
be.
- The parties determine whether the decisions made by the Private
Judge will be binding, which means the decision is final with no
right to appeal.
- The convenience of the parties to set the date and time.
- The parties determine what the scope of discovery will be for
each party.
Where Do Hearings
or Trials Take Place?
Most hearings are scheduled in our office located at 650 California
Street, 25th floor in San Francisco. When it is convenient, we may
hold the trial or hearing at one of the representing attorneys’
offices. Also, we may utilize offices of another law firm not representing
either party or an alternative setting that is mutually acceptable
to all parties involved.
How is Private Judging
Different From Mediation?
In mediation, the parties work with a neutral and un-biased mediator
in a confidential setting in an effort to resolve your issues and
differences and finalize a result that is mutually acceptable to
both parties involved. In mediation the parties are free to work
with the neutral mediator and craft unique solutions to legal problems,
whether the Superior Court Judge would allow the ruling or not.
In the alternative, as private judge, Steve Ruben works with both
parties to settle your case to the best of my ability. If the parties
cannot come to a mutual agreement, Steve will make an informed decision
based on the law and the facts of each respective case.
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Is the Private Judge’s
Order Binding?
Yes. Private Judging is not a preliminary finding nor is it an
informal opinion which the parties must confirm by returning to
court. The private judge’s ruling is just as binding and enforceable
as a superior court judge’s decision. That is why it is imperative
that you find the correct private judge to hear your matter. (For
additional information, please see link to my Biography at, www.rubenlawfirm.com
).
The Cost of Private Judging
and Mediation
For services as a private Judge, Mediator, or Arbitrator Steve
Ruben charges an hourly rate of $425. This hourly cost is divided
by the parties, unless otherwise specified or agreed upon. A retainer
deposit is needed before the scheduling of dates and times where
private judging, mediation, or arbitration matters will be heard.
Why use Stephen B. Ruben
for This Process?
Since 1997, Stephen B. Ruben has conducted over 30 settlement conferences
and trial hearings for the Superior Court of San Francisco on a
wide variety of legal issues including property, support and child
custody matters. Steve works hard to find creative legal solutions
to family law matters that best serve both parties and their unique
situation based on the California Family Code and all applicable
Judicial Decisions.
Steve's experience also includes specialty areas of Family Law
such as: marital and non-marital dissolution; domestic partnership
including dissolution of domestic partnership; co-habitation claims
under Marvin v. Marvin; property division with particular emphasis
on high asset dissolutions; spousal support with particular emphasis
on high wage earners and high Marital standard of living; custody
and visitation disputes with particular expertise regarding proposed
move-aways in the United States and internationally. Steve also
has extensive experience with Pre-marital and Post Marital agreements;
and attorneys’ fee disputes
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