Private judges have experience in a variety of alternative dispute resolution methods. The arbitrator decides cases based on the evidence presented by the parties but the procedure is more informal and usually less protracted than taking such a matter to trial. Trial court evidentiary rules need not be followed and the arbitrator has more freedom in choosing a remedy than the trial judge.
Awards can be binding or non binding.
In a strict mediation, the mediator uses facilitative techniques to enable the parties to negotiate with each other satisfactorily, but the mediator does not impose any solution and maintains strict impartiality. A settlement officer also seeks to achieve settlements but is often chosen for his or her experience in adjudicating the type of case the parties have so that this experience can be used to guide the parties to a reasonable settlement. Retired judges are often chosen for such assignments due to their experience on the bench in conducting settlement conferences and their knowledge of the settlement value of various kinds of cases. Under Code of Civil Procedure Sections 638 and 639, the parties can select a referee to determine all the issues in the case or certain designated ones including discovery and accounting disputes. The parties are given the right to select the referee they wish to adjudicate those issues.