Special Masters

Did you know parties can retain a temporary judge with the qualifications and expertise to decide the entire dispute or resolve parts of the dispute through mediation? Given the backlogs created by the pandemic, now might be the perfect time to consider using one of our former federal judges as a special master and keep your dispute moving forward.

FedArb’s panel of more than 60 retired judges, each with decades of trial and ADR experience in virtually every practice area, enable the parties to move their case forward with discovery needed to resolve pretrial matters and prepare the case for trial or meaningful settlement discussions. Additionally, all of the FedArb panel is supported by our team of case managers to provide 24×7 administrative services.

Timely hearings. Our special masters can schedule hearing dates quicker than a court—often on a week’s notice and they are readily accessible to quickly review briefs and hear motions.

Process flexibility. Parties select a Special Master and determine the capacity in which they will serve, from deciding discrete issues, managing discovery, or holding a full bench trial. Parties may also choose whether the decision is binding or can appealed back to the Court.

Full procedural rights. Special Masters operate under established rules of evidence and the right of appeal is preserved. Just file a stipulation with the court providing for FedArb’s special master to serve as a temporary judge (Cal. Const. Art. 6, § 21) or as a consensual or all-purpose referee (CCP § 638).

resolve discovery disputes– FedArb special masters devise and manage discovery plans and supervise ongoing issues, including monitoring depositions and resolving discovery disputes. They determine what electronically-stored information (ESI) is reasonably accessible or recoverable and rule on questions such as search parameters, native formats, disclosure of meta data and determinations about technology assisted review (TAR).
resolve privilege issues,
conduct Markman hearings in IP cases
resolve motion for summary judgment
resolve motion in limine
resolve motion to dismiss
resolve motion to compel
resolve motion for class certification
resolve motion for approval of settlement terms and agreement
resolve motion for attorneys’ fees and costs

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