A judgment following a general reference is appealable, whereas a judgment following a special reference is not. A trial court may accept, reject, or modify the recommendation of a referee in a special reference. A well-drafted arbitration agreement can preserve full appellate review. A sitting judge may not decide a case as an arbitrator. If an agreement is ambiguous as to the form of the alternative dispute resolution chosen, the court must declare the agreement void.
Temporary judges act under the same rules as constitutional trial judges.
Only retired judges can serve as temporary judges. The decision of a temporary judge is subject to the same level of appellate review as a trial judge. Lawyers shouldn't concern themselves with advising their clients about the different forms of alternative dispute resolution because such a decision usually won't affect the outcome of a case. If a client's priority is to minimize appellate review of an initial decision, the client is generally better off selecting contractual arbitration as opposed to the other forms of alternative dispute resolution. An agreement for a reference or a judgment rendered by a temporary judge preserves full appellate review.