By the Boyer Law Firm Civil Litigation Team | Florida Bar | Jacksonville, Florida | Published May 27, 2026
Summary: A private trial in Florida is a civil case resolution path authorized by Florida Statute § 44.104. You and the opposing party agree in writing to have a trial resolution judge, an experienced Florida Bar attorney, decide your dispute under the same evidence rules used in any courtroom. The final decision becomes an enforceable judgment with full appeal rights preserved.
Key Takeaways:
- Statutory authority: § 44.104 lets parties in a civil case use a privately appointed judge instead of waiting for a public court date.
- Eligibility: Most civil disputes qualify, but the statute excludes child custody, visitation, child support, and constitutional questions.
- Process: Five steps from written agreement to final judgment, with court appointment of the judge within 10 days of the request.
- Cost reality: The parties pay the trial resolution judge’s fee directly, usually split 50/50, with higher up-front spend but often lower total cost than years of public-court delay.
- Appeal rights: Final judgments are entered in circuit court and appealable to the District Court of Appeal on legal issues.
If your civil case has been sitting on a Florida court docket for months, you already know the problem. Trial dates get bumped. Motion hearings drift months out. You are paying attorneys to wait.
The momentum behind voluntary trial resolution shows up in recent legislative pushes. During the 2026 session, lawmakers introduced House Bill 965 to expand this private framework into complex family and probate matters.
The bill died in the Judiciary Committee on March 13, 2026. Its introduction signaled what the Florida Bar already knew: demand to bypass backlogged public dockets is at an all-time high.
A private trial gives you a way out. The statute lets you and the other side agree to have your case decided by a privately appointed neutral, on a schedule that belongs to your dispute alone.
What Is a Private Trial in Florida?
A private trial in Florida is a civil case resolution authorized by Fla. Stat. § 44.104. You and the opposing party agree in writing to have a trial resolution judge decide your dispute. The Florida Evidence Code applies in full, and the final decision becomes an enforceable circuit court judgment.
You will hear the two terms used to describe the same procedure from different angles. The trial is the proceeding. The judge is the neutral who runs it. Both phrases trace back to the same statute, and both are familiar to Florida courts.
Court orders use the formal name voluntary trial resolution. The shorter terms describe what the process feels like to people inside it.
How Voluntary Trial Resolution Compares to Arbitration and Mediation
Voluntary trial resolution in Florida produces a binding judgment enforceable in circuit court and appealable on legal issues. Mediation produces a settlement only if both sides agree. Arbitration produces a binding award with very limited appeal rights.
A traditional trial offers the same outcome, but on the court’s calendar, not yours.
| Feature | Voluntary Trial Resolution | Mediation | Arbitration | Traditional Trial |
|---|---|---|---|---|
| Who decides | Trial resolution judge | Parties (mediator helps) | Arbitrator | Circuit court judge |
| Binding outcome | Yes | Only if both sign | Yes | Yes |
| Appeal rights | Yes, on legal issues | Not applicable | Very limited | Yes |
| Scheduling | Set by parties and judge | Set by parties | Set by arbitrator | Set by court |
| Evidence rules | Florida Evidence Code | Informal | Often relaxed | Florida Evidence Code |
If you want speed and a result you can still appeal, voluntary trial resolution fits. If you want flexibility on the rules and you are willing to give up most appeal rights for a faster award, arbitration may suit your dispute. Mediation works when both sides want to negotiate, not litigate.
Who Can Use a Private Judge in Florida, and Who Can’t
Most civil disputes qualify for a private judge in Florida. The statute excludes four categories of cases. Those include: child custody, visitation, and child support; constitutional questions; cases where an indispensable third party has not agreed; and disputes assigned to another forum.
Civil Cases That Qualify
Business disputes, contract claims, partnership and shareholder disagreements, real estate matters, commercial litigation, and probate disputes that do not touch on minor children all fit. Boyer Law Firm’s civil litigation team represents Florida businesses and individuals across these case types. Most of what comes through Duval County’s civil docket could be heard by a trial resolution judge.
Cases the Statute Excludes
Family law cases involving children are the largest excluded category. No trial resolution judge may decide custody, visitation, or child support questions under § 44.104(1). Constitutional challenges fall outside as well. Disputes where an indispensable party has not signed on require that person’s consent first.
How a Private Trial Works in Florida, Step by Step
Five steps move a Florida civil case from written agreement to final judgment. You and the other party agree in writing. The court appoints the trial resolution judge within 10 days. The judge sets a schedule. The hearing proceeds. A final decision is entered as a circuit court judgment with appeal rights preserved.
Step 1: You and the Opposing Party Agree in Writing
The process starts when both sides, usually through counsel, sign a written agreement to submit the dispute to voluntary trial resolution. You can file the agreement before a lawsuit is filed or after litigation is already underway. Most parties name their chosen trial resolution judge in the agreement itself.
Step 2: The Court Appoints a Trial Resolution Judge
Once the written agreement is filed, § 44.104(2) gives the court 10 days to appoint the judge. If you and the other side named a specific attorney, the court appoints that attorney. If not, the court selects from qualified candidates. The judge must be a Florida Bar member in good standing for at least five years.
Step 3: The Trial Resolution Judge Sets a Schedule
This is where the process feels different. No calendar call. No waiting behind 49 other cases. The trial resolution judge sets motion hearings on demand, often within days of full briefing, and a trial date is set when both sides are ready.
Step 4: The Hearing Proceeds Under Florida Evidence Rules
The Florida Evidence Code applies in full. Witnesses are sworn. Exhibits are admitted. Motions are argued. The hearing runs like any civil trial. You can elect a bench trial or, in many cases, a jury trial. The trial resolution judge issues rulings during the hearing and a final decision at the end.
Step 5: Final Judgment and Appeal
Once the hearing concludes, the judge’s decision is filed with the circuit court where the original case sits. The court enters it as a final judgment. § 44.104(4) preserves your right to appeal on questions of law. Findings of fact are not subject to appeal.
Why Florida Litigants Are Choosing Voluntary Trial Resolution
Voluntary trial resolution in Florida has become a real option for litigants who cannot afford to keep waiting. The advantages cluster around four things:
- dedicated scheduling,
- faster decisions,
- privacy of the proceedings,
- and full appeal rights preserved.
Each addresses a real pain point the public courts struggle with under current caseloads.
You pay for that speed directly. The trial resolution judge bills the parties, usually split 50/50, at the judge’s hourly rate. Your up-front cost runs higher than public court filing fees. The total often runs lower because the case ends faster.
Privacy is the other quiet draw. Public court records sit in public dockets. Private trials let you control where the hearing happens and who is in the room. At Boyer Law Firm, we have represented Florida businesses and individuals through private trial proceedings where confidentiality of the underlying dispute mattered as much as the outcome.
Where Voluntary Trial Resolution Happens in Florida
In Jacksonville, voluntary trial resolution is filed in Duval County Circuit Court, Florida’s 4th Judicial Circuit, where the underlying civil case sits. The motion to appoint a trial resolution judge goes to that court, and the final judgment is entered there.
The hearing can happen in a private venue: a conference room, a mediator’s office, or the judge’s chambers. Parties may also use a public courtroom.
Statutory rules are identical statewide, but friction points differ by circuit. In the 11th Judicial Circuit (Miami-Dade), commercial dockets face significant administrative backlogs, which makes the statute’s 10-day appointment window an absolute lifeline.
In the 4th Circuit (Jacksonville) and the 9th Circuit (Orlando), securing a public courtroom for a private trial requires distinct coordination with the chief judge’s office. That logistic shifts entirely when parties opt for a private suite in Brickell or downtown Orlando.
Talk to Boyer Law Firm About a Private Trial in Florida
If you are tired of watching your case slide down another trial calendar, voluntary trial resolution may be the path you did not know was available. A private trial under Florida’s statute can move your case forward on a schedule that belongs to your dispute alone.
Boyer Law Firm’s civil litigation practice represents corporate entities and high-net-worth individuals in complex disputes outside traditional court constraints. Guided by veteran Florida Bar members, our team coordinates voluntary trial resolution in Florida across Duval, Miami-Dade, and Orange County circuits.
We draft the written agreement, file the appointment motion, and conduct the hearing itself when your case is ready. To discuss whether a private trial fits your dispute, contact our offices to schedule a consultation.
About the Author: Francis M. Boyer is the founding attorney of Boyer Law Firm and a Board Certified Specialist in International Law by The Florida Bar. He is licensed in Florida and New York and has handled international family law cases across the Americas, Europe, and Africa for over 18 years.
FAQs About Voluntary Trial Resolution
How much does a private judge cost in Florida?
You and the other party pay the trial resolution judge directly, usually split 50/50, at the judge’s hourly rate. Rates vary by experience and case complexity. Your up-front cost runs higher than public court filing fees. Most parties find the total spend lower because the case resolves in months rather than years.
How long does a private trial in Florida usually take?
A private trial typically resolves in three to nine months, depending on case complexity. Motions get heard within days of full briefing. A public court trial may be set many months or more than a year out. The timeline shift is the single biggest reason litigants choose this path.
Does a private trial happen in a courtroom?
It can, but most do not. Private trials often happen in conference rooms, mediator offices, or the trial resolution judge’s chambers. The parties may also agree to use a public courtroom. The Florida Evidence Code applies either way, and the rights of both sides stay intact regardless of venue.
Can you appeal a voluntary trial resolution decision in Florida?
Yes. Voluntary trial resolution in Florida preserves your right to appeal on questions of law. The appeal runs the same path as any final circuit court judgment. Findings of fact are not subject to appeal.
