Voluntary Trial Resolution Bill

Changes are afoot in Tallahassee with a proposal in the current legislative session to amend the way private judging is done. Chapter 44, Florida Statutes has an option that allows parties in civil disputes to sidestep the delays without relinquishing their right to a jury trial or appeal. Although voluntary trial resolution (VTR), commonly known as private judging, has been in place for more than 25 years, it is rarely invoked with anecdotal stats of around one per year. Incidentally, I did participate in one private civil jury trial in the late 1990s with success. The Florida Bar Business Law Section’s Business Litigation Committee created a task force to identify opportunities to clarify and modernize the process of private judging. After reviewing current Florida law, analyzing relevant case law from other jurisdictions and discussing best practices, the task force concluded clarifying this process might help its use. The current statute, Section 44.104, Florida Statutes, allows parties who agree to private judging choose their own judge, file pleadings with the clerk, and conduct a trial in court or another agreed-upon venue. Uncertainties make most attorneys reluctant to recommend private judging to their clients. The proposed bill aims to close some gaps, giving lawyers more confidence to pursue voluntary trial resolution and helping parties more efficiently resolve disputes. If enacted, the updated statute would give circuit courts the authority to issue orders enforcing the parties’ agreement to pursue voluntary trial resolution, including compelling payment of compensation to the private judge. Decisions made by private judges (whether final or non- final orders) could be reviewed or appealed, just like decisions from circuit judges. At the ADR Section Executive Winter Meeting today, there was a robust discussiom of the substantive changes, as well as things like the use of the courthouse and staff in conducting these trials. Much remains in flux this session and it appears the drafters might have to go back to the drawing board. At present, the bill is likely to die in committee (as it did last year) and so those that are interested in commenting should send your thoughts to the ADR Section care of its administrator: chopkins@floridabar.org See more here-- https://www.flsenate.gov/Session/Bill/2026/965/BillText/Filed/PDF and https://flabaradr.com/wp-content/uploads/2026/01/ADR-Section-Common-Ground-FallWinter-2025.pdf and https://www.flsenate.gov/Session/Bill/2026/965/