Brad Pitt and Jennifer Aniston managed to keep the terms of their recent divorce quiet by employing a private judge who expeditiously and confidentially oversaw their dissolution. Other troubled couples with highly compensated careers or a high net worth may wish to keep their divorce and its terms from public scrutiny for personal, business or financial reasons.

The private judge system is particularly appropriate for couples who wish to avoid leaving a public record typical of a traditional court trial, or for those couples who prefer to personally select a judge who has experience with a certain legal or factual issue involved in their divorce. In these cases, the couple hires and pays a judge, often a retired jurist, to oversee their case. Each party is represented by an attorney, who presents the evidence to the private judge, sometimes with less formality than in a traditional court proceeding. The private judge’s decisions are binding on the parties and are not disclosed to the public.

However, private judges are available in only a few states (including California, Colorado, New York, Ohio and Texas), so most couples will have to consider other options to protect their privacy. Several alternatives exist, including mediation, collaborative law and direct negotiation between lawyers. Aside from keeping the divorce out of the public eye, these options also tend to keep legal costs down and minimize tension.

But exactly which process is best depends upon the spouses’ ability to negotiate with one another, the balance of power and knowledge in the relationship, and the level of trust that exists, despite the estrangement. Each process places the spouses and their attorneys in different roles with varying degrees of participation.

Mediation is best suited for couples who want to minimize their lawyers’ direct involvement in negotiation and retain more control over negotiating the terms of their divorce. Collaborative law is an option for those who want to participate in the negotiation, but who also want their lawyers to be involved. Direct negotiation through lawyers is the best alternative for spouses who prefer to leave the negotiations to their attorneys.

Spouses can use any of these processes to resolve parenting issues, such as custody and parenting time, as well as financial matters, including property division, alimony and child support. Each also permits the spouses and their attorneys to employ other professionals, such as financial advisors, CPAs, child specialists, appraisers and business evaluators, to provide advice and assistance along the way. At the conclusion of each process, the lawyers can further protect the privacy of the settlement outcome by keeping the written settlement papers from the public file.