Master
In certain cases, a Master, facts final, is requested by the parties and appointed by a judge. These Masters hold formal hearings on the evidence.
The policy of our office upon receipt of such an appointment is to promptly
schedule hearing dates. Thereafter, John commits in writing to make timely findings of fact and, if requested by the appointing
judge, to issue a recommended judgment.
The parties always retain the right to object to a Master’s recommendation. The court will review and then accept or reject all or portions of the recommendation.
Mediation/Case Evaluation
Combining mediation and case evaluation, John establishes an environment for open and respectful communication. He will help you define your issues and discuss possible solutions, progressing from those matters that are easily resolved to
those that are more complex.
In mediation, each party is present, is expected to consider the other party’s point of view, and is encouraged
to exchange suggestions for settlement. John assists by helping the parties narrow the discussion to the relevant issues and
then evaluate the strengths and weaknesses of their proposals. When appropriate, he will suggest ideas for a reasonable settlement.
By nature, Probate and Family law matters have a deep, ongoing personal impact on all parties involved. There are often
broad disagreements over the perceived fairness of various resolutions. And there are no guaranteed outcomes when bringing these
issues before a court.
John brings 21 years of experience as a judge to work on your behalf either as an advocate or as a mediator. His commitment is to provide professional service, regular communication, fair charges and innovative solutions.
Scheduling Resolution Sessions
Well aware of the financial and emotional stress of litigation and the added strain of
missing work or child related appointments, John offers flexible scheduling. The office schedules mediations as early
as 7 a.m. and as late as 7 p.m.
This flexibility also provides the opportunity to participate in resolution hearings
on the way to court. If you are headed to a morning court session for a hearing on issues such as temporary orders,
contempt, discovery, and other such matters, you may save time, money, and frustration by spending 90 minutes in a pre-court
session beginning at 7:00 a.m.
And, of course, regular 9:00 a.m. to 5:00 p.m. scheduling is also available.
Issue Evaluation and Case Evaluation
The number of requests brought to Probate and Family court is incredibly high. Many
cases are scheduled for hearing on the same day and often the time allotted to each case is quite short. Time spent waiting
in court for your issue to be heard can be long and expensive.
An alternative offered by this office is give the parties an opportunity to present their positions and to render a non-binding decision. The process is similar to the kind of hearing one would see in a court “motion session” in that all parties involved present their positons and are given an opportunity to respond to the other party. In place of an enforceable court order, a non-binding decision (proposed resolution) is issued. This option is a good choice for parties who are likely to use the proposed order to their mutual benefit - saving time and money and reducing stress levels.
Benefits of this Approach
- The hearing is held in a private and relaxed
environment;
- There is no waiting to be heard; the hearing begins promptly at a specifically
scheduled time;
- The intimate setting means everyone will be heard;
- The parties see how an experienced neutral person weighs their arguments;
- The proposed solutions
are made at the conclusion of the hearing or, if the issues are particularly sensitive or complex, by the following day.
- The proposed solutions may operate as a springboard for productive discussions;
- If the parties
accept the proposed solution, they have saved time, money and stress.
Special Master
Courts sometimes appoint special masters to carry out a wide variety of specific tasks such as selling personal
property, signing deeds, and overseeing discovery.
Our office accepts all types of Special Master assignments.