NCJ Number
100248
Journal
Negotiation Journal Volume: 1 Issue: 4 Dated: (October 1985) Pages: 295-300
Date Published
1985
Length
6 pages
Annotation
This article presents reasons why judges might use special masters to mediate complex public policy issues, discusses the powers and drawbacks of special masters in such cases, and proposes guidelines for the use of special masters.
Abstract
A judge might use a special master (1) because the judicial process may be too constraining to resolve the complex interplay of technical issues and competing economic interests, (2) to narrow the range of issues the court must address, and (3) to generate new ideas for the parties to consider. A special master has the power to use the threat of the formal discovery process to encourage parties to reveal technical information. The master can ask the judge to require the parties to indicate in writing that they have considered certain options proposed by the mediator or the other party. The court can monitor implementation of an agreement and guarantee that an agreement can be reopened if circumstances change. The major drawback in using a special master is that the involuntariness of the process encourages the parties to be more adversarial. Courts should allow sufficient time for fruitful mediation, since this may save time in the appeals process. The master should report mediation developments to the media. The parties should participate in the design of the mediation process and have veto power over the master's selection. Finally, the judge should ask the parties to improve the mediator's proposed agreements when they are in draft form. 1 note.