A Special Master is a private judge appointed by the Court to resolve disputes between the parties outside of the Courtroom. A Special Master appointed by the Court in a family law matter has the authority to make prompt enforceable Rulings on disputed issues such as custody, parent-time, child support, alimony, asset division, and debt division. A Special Master may also monitor and ensure compliance with existing Court Orders, such as Temporary Orders, Divorce Decrees and/or final Child Custody Orders. The goal of a Special Master’s involvement is timely cost-effective dispute resolution, as opposed to expensive and time-consuming litigation.

Although the hourly cost of Special Master services can vary between $150.00 per hour and $450.00 per hour, in order to make sure Special Master affordable to most parents, Utah Parent Services bills at the modest rate of $150.00 per hour. A retainer of $1,500.00 is generally paid at the time Special Master services commence. The retainer is generally shared equally between the parents, unless the Court orders otherwise.

There are two classes of family law matters which can benefit from the Court’s appointment of a Special Master. First, are the parents who are unable to communicate civilly with one another about their children and/or their assets/debts. Second are the Divorce proceedings where there are unique marital assets, such as a small business, a professional practice, or other hard-to-value assets.

The benefits associated with using a Special Master include the following:

• Avoidance of time-consuming litigation and its associated costs
• The availability of timely, cost-effective dispute/conflict resolution
• The availability of a channel for communication between the parents
• A general reduction in the overall level of conflict between parents
• When requested by a parent, the provision of a progress report to the Court

The experience of a Special Master is the key component to a successful resolution of conflicts/disputes between parents. The last thing a frustrated parent wants to deal with is a Special Master that doesn’t know their head from a hole in the ground. Many young attorneys can very adequately represent a parent in a divorce or child custody proceeding, as the attorney is focused on representing the needs of his/her client. A Special Master on the other hand, needs not only to have a good handle on the “ins and outs” of Utah family law, he/she also needs to have the ability to balance the requirements of the law, the demands of court orders, the responsibilities of the parents, and the needs of the children. This balancing act is precisely where the Special Master’s experience is most useful.

The services of a Special Master are generally obtained in one of two ways: First, the parents may enter into a stipulation to appoint a Special Master. That stipulation is then filed with the Court along with a corresponding Special Master Order for the Judge to sign. Second, one parent (or his/her attorney) may file a Motion to Appoint a Special Master. When the Motion to Appoint is granted, a Special Master Order is signed by the Judge.

In short, a Special Master Order spells out the authority and responsibilities of the Special Master as well as the time period during which the Special Master will provide his/her services to the parents. Thus, the parents (and/or their attorneys) should work with the Judge (or Court Commissioner) as well as the Special Master in crafting the Special Master Order. This cooperation will ensure that all relevant terms are included in the Special Master Order, so that the needs of the parents and their children can be timely met.

Upon appointment by the Court, the Special Master will meet separately with each parent as soon as possible. During these two initial meetings, the Special Master will get to know each party, and he/she will spell out the process to be used by the Special Master to resolve disputes between the parties.

A Parent-Time Coordinator is appointed by the Court to ensure the parent-time provisions contained in a Temporary Order, Parenting Plan, Divorce Decree or a final Child Custody Order are implemented as ordered by the Court.

A Parent-Time Coordinator is a Special Master with a limited scope of authority and responsibility. A Parent-Time Coordinator is only permitted to address issues related to the implementation of existing parent-time orders. A Parent-Time Coordinator does not generally have the authority to address financial issues or make recommendations regarding new issues that may arise between the parents.

Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR includes both mediation, and arbitration.

Mediation is a process where parents (and their attorneys) meet with a mutually selected neutral person who assists them in the negotiation of their differences. The parties are encouraged by the mediator to compromise and come to an agreement on some or all issues. In a growing number of Utah Counties, mediation in family law cases is mandatory before a party seeks to schedule a pre trial or trial.

Parents can address any and all issues related to a Divorce or Child Custody proceeding through Mediation.

The benefits associated with Mediation include the following:

• The Mediation process is confidential
• Parties control their own decisions
• Mediation is faster than litigation
• Mediation is less costly than litigation
• Mediation can be done with or without an attorney
• Parties are more likely to comply with mediated agreements

Utah Parent Services charges $150.00 per hour for Mediation Services, with a three hour minimum.

Parents often find it useful to consult with an experienced family law attorney before the mediation begins. An experienced family law attorney can help you weigh your options, understand your legal rights, and explain the consequences of a settlement.

The Mediator’s role during Mediation is to be neutral. The Mediator’s job is to assist the parents in reaching an agreement on as many issues as possible. The Mediator is not allowed to advocate for either parent and cannot advise you if the agreement you have reached is in your best interests. Your attorney can advocate for you during Mediation. Your attorney will know if the agreement being discussed is in your best interests or not. Your attorney can help move the Mediation process along by providing settlement options.

This question can be answered with one word … experience. Dr. Spencer has been both an attorney and a Ph.D. level economist for nearly 30 years. Dr. Spencer has represented numerous parents during mediation over the past 30 years. This experience has been valuable to the clients he has represented during mediation. On top of that, Dr. Spencer has also provided mediation services in both the family law arena as well as the real estate and contract arenas.

Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR includes both mediation, and arbitration.

Arbitration is a private dispute resolution process overseen by an experienced attorney called an Arbitrator. Based on the needs of the parents, the Arbitration process can be formal (like a Court hearing) or informal (like a business meeting). During Arbitration, the Arbitrator receives from each of the parents (or their attorneys) the following: (a) oral testimony, (b) witness testimony, (c) documents or other materials, and (d) closing arguments. Based on the information presented, the Arbitrator then issues a written decision (called an “Arbitration Award”) related to the parties’ disputes. Once completed, the Arbitrator issues a written decision called an Arbitration Award, which can be filed with and enforced by the Court if necessary.

Some Arbitration proceedings are mandatory, such as many labor disputes. Other Arbitration proceedings are mandatory where a contract clause requires Arbitration of a dispute. Domestic disputes arising from a Divorce or Child Custody proceeding are arbitrated on a routine basis in many states, including Utah.

An Arbitrator is generally selected through a written agreement of the parties (or their attorneys). This written agreement also often includes: (a) the issues to be resolved by the Arbitrator; (b) the limitations placed on the Arbitration process, such as document exchange deadlines; and (C) any other relevant concerns of the parties.

Utah Parent Services generally charges $150.00 per hour for Arbitration Services, with a six (6) hour minimum, which includes the preparation of the written Arbitration Award. For those who wish to combine other services with Arbitration – such as a pre-Arbitration meeting or Court document preparation – fixed fee Arbitration packages are available.

Yes, Arbitration is binding, and there are very limited opportunities for either side to appeal, so the Arbitration will be the end of the dispute. That gives finality to the Arbitration Award that is not often present with a litigated judgment.

This question can be answered with one word … experience. Dr. Spencer has been both an attorney and a Ph.D. level economist for nearly 30 years. Dr. Spencer has represented numerous clients during various types of Arbitration proceedings over the past 30 years. This experience has been valuable to the clients he has represented during Arbitration. On top of that, Dr. Spencer started arbitrating family law matters in 1994, and has saved many parents both time and money.

According to Rule 702(a) of the Utah Rules of Evidence, an Expert Witness is an individual with specialized knowledge, skill, experience, training and education; and whose testimony will assist the Judge or jury in understanding the evidence and/or in determining facts which are in dispute. Obviously, testimony from an Expert Witness can have a substantial impact on the final decision of the Judge or jury.

The reliability of Expert Witness testimony is determined by the Judge utilizing two factors. First, the expert testimony must be based on sufficient data. Second, the analysis of that data must be made using principles and methods commonly used in the profession or industry.

In order for expert testimony to be admitted into evidence, the testimony must in some way assist the Judge or jury in the decision making process. For example, the expert testimony could provide a logical or scientific connection between the underlying facts and the conclusion to be reached by the Judge or jury. Or, the expert testimony could fill in any logical gaps between the testimony of other witnesses and the conclusion to be reached by the Judge or jury.

In divorce and child custody proceedings, Expert Witnesses often include economists, accountants, psychologists, and social workers.

If an Expert Witness is required to value the assets of a divorcing couple, consider the following:

• Does your proposed Expert Witness have litigation/trial experience?
• Can your proposed Expert Witness write clear defensible reports?
• Can your proposed Expert Witness conduct a thorough investigation of the facts?
• Will your proposed Expert Witness use a data analysis method that will stand up in Court?
• Can your proposed Expert Witness “dumb down” his report for a Judge or Jury?

Unlike a fact witness who generally can only provide testimony based on his/her personal knowledge and observations, an Expert Witness can provide “opinion” testimony. This allows the Expert Witness to support and enhance fact witness testimony, as well as persuade the Judge or jury by connecting documents and fact witness testimony to your ultimate litigation goals. Ultimately, by having your Expert Witness walkthrough and summarize the evidence for the Judge or jury, your Expert Witness has virtually the same freedom that your lawyer has in advocating your litigation position in the case during closing argument.

Retaining an Expert Witness can be pricey. Many Expert Witnesses charge as much as $750 – $1,000 per hour for both preparation time and live testimony. If your case involves economic projections or the valuation of a business, Dr. Spencer bills at an hourly rate of $350 per hour for his Expert Witness services.

Again, it comes down to knowledge, skill, experience, training and education. Dr. Spencer received his Ph.D. in Economics from Utah State University in 1991. Dr. Spencer started providing Expert witness services on a regular basis in 2009. He has served as an Expert Witness services in both State and Federal Court in both family law and real estate matters.