IAAL- Mediation Q

IAAL, HI!
Glad to see you're back!!

The last time we went to mediation the mediator said we would have to pay $75.00 to see her. Is it common to pay to speak with the mediator?

Also, she was made "Special Master" of our case because it was so difficult for us to get along, how long does this "Priveledge" last, is she still "SM" over our case since we haven't been to court in 2 years?

Thanks!

Ukiah

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ukiah:
[b]IAAL, HI!
Glad to see you're back!!

The last time we went to mediation the mediator said we would have to pay $75.00 to see her. Is it common to pay to speak with the mediator?

Also, she was made "Special Master" of our case because it was so difficult for us to get along, how long does this "Priveledge" last, is she still "SM" over our case since we haven't been to court in 2 years?

Thanks!

Ukiah[/b]<HR></BLOCKQUOTE>

My response:

Thank you Ukiah. I hope this response finds you well.

A "Special Master", who may in fact be an attorney, is not a "judicial officer" like a judge is a judicial officer, and is not paid by the court system (i.e., is not taxpayer supported like the courts and judges are) and is appointed, at the expense of the parties, to hear specific differences of the parties, only. The SM is without jurisdiction to hear general differences of the parties; unlike a "mediator" who hears all of the matters - - both agreed and non-agreed matters. Family law courts frequently appoint "referees" or "special masters" to aid in enforcement of support and to assist the parties in custody and visitation disputes. Such references are authorized pursuant to Ca Civ Pro §§ 638 and 639. (References may also be ordered to aid in the resolution of discovery disputes).

The judge may refer a contested matter (or issue), such as child support and/or visitation rights, to a "referee" or "special master" to conduct a hearing and report findings and recommendations thereon to the court for the judge's approval, rejection or change, subject to either party's right to timely object and obtain court review. Nonetheless, one court observes that, in the family law context, the "special master" title more accurately describes the function the appointee is to perform--especially when the reference is made by the parties' agreement: "The ordinary party in marital dissolution cases might envision a referee as someone with a striped shirt and whistle around his or her neck to be blown when a foul is committed, rather than someone empowered to decide the result of the game or to make recommendations to that end to the trial court." [See Marriage of Olson, supra, 14 Cal.App.4th at 6, 17 Cal.Rptr.2d at 484, fn. 4]

The jurisdiction of the Special Master terminates upon the resolution of the matter and issue for which the appointment was made. A resolution is made when the court reads the recommendations of the SM and rules and makes orders concerning those specific matters. Once that is accomplished, the appointment term of the SM is over.

The court may, at the expense of the parties, reappoint the same SM to hear any new and specific issues and differences between the parties, at any time, as long as the court retains jurisdiction of the case - - and that, theoretically, could be for years, and years.

IAAL



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[This message has been edited by I AM ALWAYS LIABLE (edited October 18, 2000).]