Judges for Sale: The Quiet Power of ADR and the Revolving Door

Judges for Sale: The Quiet Power of ADR and the Revolving Door
By Michael Phillips | REBUILT Justice Project

Justice is supposed to be blind—not for sale at $300 an hour.
But in the world of family court, yesterday’s judge is today’s mediator, and your pain is their business plan.

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For years, the public has been told that Alternative Dispute Resolution (ADR) is the kinder, cheaper, more cooperative alternative to litigation. It’s pitched as a win-win: settle outside of court, avoid conflict, save money.

But for many parents trapped in high-conflict custody battles, ADR is not optional. It’s court-ordered. It’s coercive. And it’s often run by former judges and attorneys who profit handsomely from a system they once controlled from the bench.

This is the quiet revolving door of American family law—and it’s one of the most underreported abuses of judicial power.

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From Bench to Bank Account

The setup is simple:

• A judge spends years presiding over family law cases.

• Upon retirement, they open or join a private mediation firm.

• That firm gets referrals from the same court system the judge helped shape.

These former judges now charge $300–$600 per hour to “resolve” disputes, often with the same deferential treatment they commanded in court. And the attorneys who appear before them are the same ones who once argued in front of them. The incentives to play along—and pay up—are baked in.

It’s not just unethical. It’s an industry of influence masquerading as neutrality.

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Mandated Mediation: Coercion in a Friendly Wrapper

ADR sounds voluntary. In theory, it is. In practice, family court litigants are often forced into mediation—even in cases involving domestic violence, parental alienation, or total communication breakdowns.

Judges don’t ask whether the parties are safe, or whether power dynamics make true negotiation impossible. They order mediation as a blanket rule. Parents are told, “Work it out with the mediator, or risk losing custody.”

This isn’t resolution. It’s coercion with a smile.

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Conflicts of Interest: Hidden in Plain Sight

Court-connected mediators are often not neutral. Many are tied to law firms, nonprofits, or private practices that maintain deep relationships with the court system. Some are even appointed repeatedly by their former colleagues still on the bench.

There are no uniform standards for disclosing conflicts. There is no effective oversight. In some states, complaints against mediators are routed back through the very judges who referred them.

And if you challenge the process? You’re labeled “difficult.”
You’re punished.
You’re sidelined.
You lose time with your child.

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Neutral in Name Only: When ADR Enables Abuse

ADR works only when both parties operate in good faith and equal standing. But that is not the reality in family court.

• A controlling ex can manipulate the mediator.

• A survivor of abuse can be forced to negotiate under duress.

• A parent with a disability can be shut out of the process entirely.

• A parent without money can’t even afford the sessions—and gets penalized for “non-compliance.”

What’s sold as “conflict resolution” becomes conflict reinforcement—with the added insult of a hefty invoice.

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Judicial Retirement Pipelines: Cashing in on the Chaos

Let’s name the game:

• Family court judges create high-conflict rulings during their tenure.

• They mandate ADR at every turn.

• They cultivate referral relationships with mediators and therapists.

• Upon retirement, they join those networks—or create their own.

• The cycle continues, funded by the desperation of parents who just want to see their children.

This is not just a revolving door. It’s a pay-to-play system built on conflict and clothed in credibility.

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And the Public? Still in the Dark.

There is no centralized registry of retired judges-turned-mediators.
There are no public audits of how many cases are routed through specific ADR providers.
There is little to no media coverage of the shadow justice economy that operates in plain sight.

Because ADR happens behind closed doors, there are no transcripts. No records. No appeal.
It’s the perfect environment for abuse—and for profit.

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What Needs to Change

✅ Ban mandatory ADR in high-conflict and abuse cases
✅ Require full public disclosure of all financial interests and referral histories
✅ Create a national registry of retired judges and court-connected ADR providers
✅ Audit the financial relationships between courts and mediation firms
✅ Guarantee the right to opt out of mediation without penalty

If judges want to be mediators, fine. But not in the same courtrooms, with the same lawyers, and with the same power imbalance they used to preside over.
Justice can’t be for sale—even after retirement.

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Up Next in the Series:

When Justice Sleeps: What Happens When the Judge Doesn’t Read Your File

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Author Bio:
Michael Phillips is the founder of Father & Co. and the REBUILT Justice Project. As a journalist and advocate, he investigates systemic abuse in the family court system and fights for constitutional rights in civil litigation. His work documents the trauma of erased parents, court-created poverty, and the commodification of custody.