Special Masters: How to Make the Best of Both Worlds - Part III
Washington partner Merril Hirsh had his article – “ Special Masters: How to Make the Best of Both Worlds,” Part III (which was co-authored with ADR practitioners Jim Rhodes and Karl Bayer) – published in Disputing on December 10. The article is the third in a series that discusses the role of Special Masters in complex litigation and how litigants can best use them to improve their litigation experience.
“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.” the trio stated in their opening. “OK, money where your mouth is time: how?” Read the article in full for the answer.