Nonjudicial

Nonjudicial is an adjective used to describe actions, decisions, or processes that occur outside the formal operation of the judiciary or court system. In law and public administration, nonjudicial mechanisms are designed to resolve matters without a judicial proceeding, often to save time and expense, but they may carry different procedural safeguards than court action.

Common contexts include:

- Nonjudicial foreclosure: A method by which a lender may auction a property to recover a defaulted loan without bringing a lawsuit. This typically relies on a deed of trust with a power of sale and compliance with statutory notice and due process requirements. Nonjudicial foreclosures are faster and less costly than judicial foreclosures, but they can raise concerns about borrower protections and may be subject to post-foreclosure review or challenges under state law.

- Nonjudicial punishment: In military law, a commanding officer may impose limited disciplinary measures without a court-martial under process sometimes referred to as nonjudicial punishment. These measures may include restrictions, extra duties, or financial forfeitures, and are subject to procedural rights, review, and appeal.

- Nonjudicial settlements: In probate or trust administration, parties may reach settlement agreements without court approval, provided they meet statutory requirements and are fair to interested parties. Courts may still review these settlements for legality and reasonableness before formalizing them.

Other uses describe administrative determinations made by agencies or regulators without a formal judicial proceeding. Proponents emphasize efficiency and accessibility; critics note reduced judicial oversight and potential due process concerns. Safeguards typically include statutory rules, rights advisement, and avenues for review or appeal.