Private Judge, Mediator, and Special Master


Keller Rohrback lawyers are frequently selected, by litigants and courts, to provide services as arbitrators, mediators, and special masters. As arbitrators, the lawyers serve, in effect, as private judges, selected by the parties and rendering binding decisions. As mediators, we work with both sides to facilitate a consensual resolution of the case. And as special masters, we are asked by the court, sometimes at the request of the parties and sometimes on the court’s own initiative, to manage complex cases, such as large multi-party construction disputes. In such engagements we typically manage the case and decide all discovery matters (subject, of course, to court review). In some of these cases the special master will also act as the decision-maker on the merits, for example in cases involving unwieldy, document-intensive disputes. See generally Kilgard, Discovery Masters, Arizona Attorney (April 2004). In all of these cases in which we serve as neutrals our goal is to provide the court and parties with fair, effective, and cost-efficient services to assist in the resolution of the dispute.

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