By: Laura Ginsberg
The Special Masters Program, part of the 25th Judicial Circuit's unified family court, is meeting its goals of helping parties and attorneys achieve faster, more satisfying solutions to family law cases.
Started in January 2008, the Special Masters Program is a form of alternative dispute resolution that allows parties and attorneys to present the issues of their case to experienced, impartial family law practitioners. After nearly a year in operation, the program has helped 80 percent of participants settle family law cases without going to court.
"This is significant because we are referring some of the toughest cases to the special masters," said Associate Circuit and Family Court Judge Ralph Haslag. "The special masters are hearing the cases in which parties are entrenched in their positions and strong emotions are preventing them from recognizing or accepting how Missouri law would require a judge to rule in the case."
When the program began, eight attorneys from within the 25th Judicial Circuit, comprised of Texas, Maries, Phelps and Pulaski counties, were chosen by their peers to serve as special masters. During special masters sessions, one female and one male special master sit down face-to-face with parties and their attorneys to hear the contested issues of a case.
"We are listening to the attorneys, but more importantly, we are listening to the parties," said Emily Woodward, a special master and attorney with the Rolla law firm Thomas, Birdsong, Mills & McBride. "They get to voice what they believe is relevant without the rules of evidence applying as they would in court. It is an informal type of setting."
Based on their experience with the law, the special masters make a recommendation to the parties about the case. Often, the advice of the special masters helps the parties realize the strengths and weaknesses of their arguments, as well as the risks involved in taking the case to trail to be decided by a judge.
"I think special masters sessions give parties an objective view of what their situation is and makes them realize whether or not they have a realistic view of that situation," said Special Master John Beger, of the Rolla law firm Beger & Bushie. "More and more, special masters sessions are becoming a valuable tool for attorneys. Lawyers I've spoken with have indicated that frequently the suggestions of the special masters have been helpful in allowing parties to reach a settlement."
When parties are able to settle out of court, it relives them of the long, often emotionally taxing court process, while lightening the court docket for attorneys and judges. A settlement also allows parties to remain in control of the outcome of their case and reach a satisfying agreement.
"Often, the parties are better able to decide what is best for their case with a respect to their issues than a judge," said Special Master Al Crump, of Crump Law Offices in Rolla and Vienna. "The special masters sessions have been successful in getting parties to resolve their differences. It's beneficial to have the opinion of a third party who has nothing to win or lose, other than to help people see which way they need to move in order to get their case resolved."
Because of the success of the Special Masters Program, the eight attorneys chosen to serve as special masters have agreed to continue with the program until January 2009. In addition to Woodward, Beger and Crump, the special masters include attorneys Mark Calvert, Carolyn J. Buschjost, J. Kent Robinson, Dawn Clayton and Katie Anderson.
For more information on the Special Masters Program and the attorneys chosen to serve as special masters, visit the 25th Judicial Circuit's family court Web site at www.familycourt.us. Information also can be found at the county clerks' offices in Phelps, Pulaski, Texas and Maries counties.