Trial By Special Judge

Denton County – Trial By Special Judge

In special cases, under the Texas Civil Practices and Remedies Code, and with the trial court’s approval, parties may hire a qualified former County or District Judge to resolve their dispute. In these cases, parties may employ a Special Judge as an alternative to a traditional courtroom proceeding.

This lesser known third ADR option besides mediation and arbitration provides several advantages that, under the right circumstances, make it the ideal option to resolve civil and familial disputes. As a former District Judge in Denton County with the required experience, Judge Shipman is qualified to serve in this capacity.

The Advantages of Trial by Special Judge

There are several advantages of a Special Judge when compared to both arbitration and ordinary litigation:

Trial by Special Judge vs. Traditional Litigation

When compared to traditional litigation in a normal court, Trial by Special Judge offers several distinct advantages.

  • Parties can select their own judge without depending on the one assigned from the system.
  • Parties can set their own trial dates without the need to reschedule or deal with other cases and issues that may cause delay.
  • Parties can also avoid the expenses of preparing for trial again and again that come with normal litigation.
  • Resolution can come much more quickly with a Special Judge.

Trial by Special Judge vs. Arbitration

Trial by Special Judge also offers other unique advantages over arbitration as well.

  • The biggest advantage of trial by Special Judge is that the judge’s decision falls under all applicable rules and statutes. This means that parties involved in a Trial by Special Judge fully retain their right to appeal the decision. This is different from a mandatary arbitration resulting in a binding

  • The right to appeal this decision goes all the way to the Texas Supreme Court.

  • The cost of a trial by Special Judge is almost certainly less than the costs of arbitration by a panel of arbitrators, which is more and more often the reality of arbitration.

By offering the privacy of an ADR yet the certainty and the ability to retain the right to appeal the decision, Trial by Special Judge can often present parties facing unfavorable litigation or arbitration a viable third option.

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