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All articles tagged '"special masters"'
25 articles found
Special Masters: How To Make the Best of Both Worlds, Part VII
By Merril Hirsh, James M. Rhodes & Karl Bayer - February 24, 2015
In the past few posts, we have been discussing how special masters can be part of making resolutions of disputes fair, just and efficient. Part IV focused on using special masters as hands-on managers to incentivize parties to avoid discovery disputes in the first place and to resolve discovery disputes quickly, fairly and with a minimum of expense when they do occur.
Special Masters: How To Make the Best of Both Worlds, Part V
By Merril Hirsh, James M. Rhodes, Karl Bayer - January 12, 2015
In Part Four we began to discuss solutions (not just problems), and urged that a first step in incentivizing counsel to hold down litigation costs is to have a neutral oversee the process of discovery closely enough (1) to make it in counsel’s interest to act reasonably in the first place; and (2) to rule on unreasonable demands or failures to respond to discovery quickly, so that they gain no tactical advantage.
Special Masters: How to Make the Best of Both Worlds, Part III
By Merril Hirsh, James M. Rhodes, and Karl Bayer - December 10, 2014
In Part Two we urged that, while rule changes can be of some help in getting parties in litigation to a fair and efficient resolution, they are not a complete solution. Our concern is that fundamentally, changing rules changes how the game is played, not the fact that it is a game. We said we need a change that changes the incentive to play itself and suggested that Special Masters can change these incentives. OK, money where your mouth is time:
Special Masters: How to Make the Best of Both Worlds, Part I
By Merril Hirsh, James M. Rhodes & Karl Bayer - November 12, 2014
An article in the Spring 2014 issue of the ABA’s Dispute Resolution reports on the sad results of a 2011 Fortune 1000 ADR survey. The survey updated a 1997 study. The bottom line: in 1997, Fortune 1000 companies, tired of the expense and inefficiency of litigation, were overwhelmingly interested in using arbitration. In 2011, Fortune 1000 companies, tired of the expense and inefficiency of arbitration, were really more interested in mediation.
GUEST-POST | The Role of e-Mediation in Resolving ESI Disputes in Federal Court | Interview with Allison Skinner
By Victoria VanBuren - October 29, 2012
by Peter S. Vogel My friend, Allison Skinner, who co-founded the American College of e-Neutrals with me, attended an interesting panel presented by the E-Discovery Series in the Western District of Pennsylvania on September 6, 2012 entitled “The Role of e-Mediation in Resolving ESI Disputes in Federal Court.” The U.S. District Court for the Western District of Pennsylvania was the first District to create an E-Discovery Special Master Panel
GUEST BLOG: Current Issues in eDiscovery & ADR
By Beth Graham - November 19, 2010
by Peter S. Vogel Michael Geigerman was the Moderator for a half seminar at the Washington University School of Law regarding complexities created by eDiscovery and Social Media on October 29, 2010. Mr. Geigerman is a full-time Mediator in St. Louis, the Managing Director of United States Arbitration & Mediation Midwest, Inc. (USA&M Midwest Inc.), and is an Adjunct Professor at the Washington University School of Law where he runs the ABA
Special Master Appointed to Conduct Global Mediation in Bankruptcy Case
By Beth Graham - November 2, 2010
A special master was recently appointed by the Northern District of Texas in NetSphere v. Baron (In re Ondova Ltd. Co.), No. 3-09CV988-RF. The underlying Chapter 11 bankruptcy case involves numerous parties, offshore entities and several related lawsuits. After the bankruptcy court held four status conferences related to the parties’ global settlement agreement (GSA), approved by the bankruptcy court on July 28, 2010, the bankruptcy judge made a
Supreme Court Issues Orders on Special Master Interim Report
By Beth Graham - October 19, 2010
On October 12, 2010, the United States Supreme Court issued orders in Montana v. Wyoming (No. 137, Original). The original jurisdiction water rights case was filed before the Court in early 2007 and subsequently transferred to a Special Master prior to the Court’s review. The October 12th orders resulted from Montana’s objections to an interim report issued by the Special Master in February. First, the Court ordered oral argument regarding whethe
The First Court of Appeals of Texas Limits Scope of Special Master Authority in eDiscovery
By Beth Graham - September 16, 2010
In a very troubling opinion, the First Court of Appeals of Texas has held that providing a special master with unrestricted access to all documents on a hard drive and discretion to employ or modify search terms is impermissible when discovery is ordered in a special appearance context. In In re Howard K. Stern, No. 01-09-00438-CV, (Tex. App.—Houston [1st Dist.] August 25, 2010) celebrity Anna Nicole Smith’s mother, Virgie Arthur, alleged in an u
GUEST-POST | eDiscovery Update: Special Masters and eMediation
By Victoria VanBuren - July 28, 2010
By Peter S. Vogel Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery. Over the past 20 years I have served as a Mediator and Special Master in compu
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