What Is a Special Master in California? 2024

If you’re preparing to file for divorce or have a complicated family law issue, you may be considering an alternative dispute resolution method, such as mediation or arbitration. When you’re unsure about which approach to move forward with, opting for a special master to oversee your case may be ideal for your situation. You may ask yourself, “What is a special master in California?” It’s important to understand what a special master is and the benefits of hiring one.

What Is a Special Master in California Family Law?

In the state of California, a special master is a legal professional who assists spouses and families with settling various family law proceedings outside of the courtroom. Special masters are often appointed by the family courts but it is possible for the parties involved to designate a qualified special master, also referred to as a referee.

This is somewhat similar to hiring a private judge, who is selected by the divorcing parties. Both special masters and private judges are educated and skilled legal professionals, often with specific experience and an in-depth understanding of the inner workings of family law cases. These professionals are typically retired judges or seasoned family attorneys. Entrusting a special master is one avenue of alternative dispute resolution that divorcing spouses can choose.

What Does a Special Master Do in Family Law Cases?

Special masters have a lot of the same legal duties and responsibilities as family court judges and attorneys, including:

• Ensuring all required paperwork is properly filed.
• Scheduling hearings and facilitating communication between the parties involved.
• Collecting and evaluating relevant evidence, such as legal documents, witness testimonies, and any professional testimonies.
• Helping mediate and resolve disputes between each party through negotiations and open communication to ultimately reach a fair and mutually beneficial agreement.
• Making recommendations to family court about matters such as the division of property, child custody and support, and spousal support.
• Monitoring the implementation of multiple court orders to ensure all parties are in compliance according to the court-mandated terms.
• Handling any non-compliance problems that may come up.

How Special Masters Differs From Mediators and Arbitrators

Mediation and arbitration are other forms of alternative dispute resolution that are similar to each other but different from proceedings overseen by a special master. Arbitration is also an out-of-court method where a neutral third-party legal professional oversees the case; however, unlike utilizing a special master, arbitration contains different procedures since it’s technically outside of the legal system.

In contrast, a special master acts as an extension of the family court during out-of-court proceedings.

Mediation also entails private proceedings facilitated by a legal professional. The difference is that mediators guide the parties through negotiations to reach a fair settlement on their own terms instead of acting in a decisive, authoritative role. Despite procedural differences, many alternative dispute resolution methods share the same benefits for any parties dealing with family law matters.

Various Benefits of Utilizing a Special Master in CA

One of the primary benefits of utilizing a special master to oversee your family law case is the potential quickness of the entire process. The proceedings are likely to take much less time than those that go through the traditional family court process. Since family courts are often very busy due to receiving a high volume of cases, divorce proceedings are known to be quite lengthy, even when concerning uncontested divorces.

With the help of a special master, the process can be streamlined and far more efficient since these professionals possess a thorough understanding of family law issues and can focus on your individual case. In addition to maintaining one’s privacy and saving time, opting to use a special master is usually very cost-effective and allows divorcing parties to have more flexibility and control over the course of their proceedings.

FAQs

Who Can Be a Special Master in California?

In California, special masters must generally be a legal professional with extensive experience and knowledge regarding family law matters, such as an experienced attorney or retired judge. This is different to some alternative dispute resolution methods such as mediation or collaborative divorce, where one or two family lawyers may be needed to conduct the proceedings.

How Is a Special Master Selected for a Case?

Traditionally, special masters are appointed by the family court that you file your case with, but it’s also possible for the involved parties to independently select an eligible special master, known as a referee. In either situation, the divorcing spouses must submit a stipulation to the court that outlines their agreement to use a special master and, thus, waive their right to a trial overseen by a traditional judge in family court.

Is a Special Master the Same as a Private Judge?

Special masters and private judges have similar roles and perform many of the same functions within private family law proceedings but are distinctly different designations. Typically, special masters are appointed by the court, whereas private judges can be selected by the parties involved, deeming special masters to be more of an “extension” of the court.

In some cases, however, special masters can also be appointed by the petitioning individuals. Both roles act in accordance with the same guidelines as California family courts.

For What Cases Are Special Masters Most Beneficial?

Special masters can be a useful resource and facilitate efficient proceedings for nearly any family law case, but they may be especially beneficial in particularly complex situations. For example, special masters may be appointed to help navigate highly contentious custody disputes using their knowledge of child development, family dynamics, and more. Special masters can also be particularly useful in complex property division or non-compliance proceedings.

Get Connected With an Adept Special Master

At TDC Family Law, our competent legal team has extensive experience helping individuals and their families through a variety of complex family law issues. We can connect you with a special master who has the necessary knowledge to address your unique concerns, no matter the circumstances. Contact us today to schedule a consultation.