At Flink ADR private litigation is conducted exclusively by Judge Brasher who can help parties resolve their legal disputes utilizing his knowledge and expertise as though he were still actively on the bench.

The steps to engage in private litigation include the following:

Agreement to Private Litigation: The parties involved in the dispute voluntarily agree to submit their case to Judge Brasher for resolution instead of pursuing litigation through the court system.

Pre-Hearing Discussions: Judge Brasher meets with the parties and their attorneys to understand the issues, review the relevant documents and evidence, and clarify the legal arguments.

Hearing and Presentation: Brasher conducts a private hearing where the parties present their respective cases, including witness testimony, documentary evidence, and legal arguments. The retired judge may also ask questions and seek clarification during this process.

Evaluation and Guidance: Based on the information presented, he evaluates the merits of the case and provides guidance to the parties on the strengths and weaknesses of their positions. The retired judge may offer insights into how a court might rule on the issues.

Settlement Negotiations: With his help, the parties engage in settlement negotiations, exploring potential compromises and resolutions that meet their interests to find common ground.

Settlement Agreement: If the parties reach a mutually acceptable agreement, they formalize the terms in a settlement agreement. Brasher may review the agreement to ensure it is fair and legally enforceable.

It's important to note that his role in private litigation is consensual and does not carry the full authority and power of a sitting judge. Brasher’s expertise and experience in the law and the legal system, however, can be valuable in guiding the parties toward a resolution.

Private litigation offers several potential advantages, including a streamlined process, greater flexibility, and the benefit of a retired judge's knowledge and insights.