|
| |
Miller|Mediation
provides several ADR services. ADR stands for Alternate Dispute
Resolution. Alternate to what? Litigation, or any other
combative-based method of resolution (primarily litigation and/or trial).
Miller|Mediation
also offers the services of Special Master:
Key Benefits
 |
Cost:
The Courts do not have the time to handle the particularities of
complex cases. In lieu of limited contact with the Courts, and
restrictive schedules which Judges impose, the parties can agree to
appoint a Special Master. The Special Master fundamentally
acts as: (1) Discovery Referee, to address the myriad of
discovery issues which arise in complex cases; and (2) Mediator,
assisting their settlement negotiations. The Special Master
can spend more time than the Judge in evaluating the issues
surrounding the sharing of necessary information, and deciding how
to resolve them. The Special Master can also spend his time
with the parties during certain discovery events, learning about the
case. This educational process helps the Special Master
understand the complex issues among numerous parties, which assists
his ability to mediate the disputes.
|
|
|
Control:
Litigation is governed by procedural rules which can be inflexible,
and rigidly enforced by the Courts. But since the parties can
decide the scope of the Special Master's role in their case, as well
as agreeing on the substantive resolution, they control the amount
of time and energy which will govern the process and the end result.
|
|
|
Time:
In deciding how to govern the procedure, the parties have full
control over how much time it will take to resolve their matter.
Appointing a Special Master gives them the ability to decide how
much time, and discovery, they need in order to get the case to
settlement discussions. And this does not have to mean a
faster resolution. While disputants generally seek a faster
resolution than, say, the Courts might provide, some matters
actually require more time than the Courts want to allow, which
creates great tension for the disputants. An example is a
construction defect/site development case where a house was
constructed on a hill, and was suffering damage as a result of land
movement. While all of the parties and their consultants
agreed they needed more time, the Court required resolution of the
case in less time. Subsequently, the parties' need for
investigation and analysis was limited by inflexibly short time
restrictions imposed by the Court.
|
|
Pitfalls
|
Unless
the parties do not wish to control their future, there are no
pitfalls to appointing a Special Master! Best case scenario:
the disputants resolve their matter in less time at lower cost than
litigation, or other forms of ADR.
|
|
|
The
parties might spend some extra time in the Special Master process,
without successfully resolving their dispute at the end of the
process.
However, even without a successful settlement, the parties are still
able to engage in the valuable exchange of information which is a
critical part
of the process.
|
|
