Private Special Master/Arbitrator

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Louden, Katz & McGrath is regularly retained by other lawyers to assist them and their clients in bringing unresolved cases to resolution.

We are experienced and have been successful in assisting lawyers and parties in coming to a reasonable and acceptable settlement when their efforts to negotiate have come to a standstill. The process often is referred to as "mediation," but we view mediation as at the commencement of a divorce case and private special mastering taking place near the end of a case.

While making our own case evaluation, we utilize the prior work of the lawyers for the parties, so as to make the process as efficient and economical as possible. Thus, we generally require Financial Affidavits, factual memoranda or other summaries of statutory criteria, proposed orders, stipulations and lists of unresolved issues. If desirable, we will prepare a written summary of the relevant facts from which to work.

We can proceed in a variety of ways to negotiate an agreement: lawyers alone, parties alone, or two lawyers and two parties together. Our goal is to utilize the combination of people in the process that is most productive.

We can draft a Settlement Agreement as a fundamental point of reference as we proceed and then a final product when all issues have been resolved.

In addition to private special mastering, which is designed to be advisory and persuasive, we do arbitration under the recent statute authorizing such in divorce cases. Because arbitration awards are final and binding on the parties, we effectively are acting in the role of a judge.

Ben Callaghan