Transferee courts frequently appoint a special master, magistrate judge, or private neutral to facilitate settlement discussions. The facilitator convenes negotiations, tests positions, and may propose structures.
The role is distinct from the allocation special master who distributes funds.
Alternative Names:
Settlement Master, Court-Appointed Mediator
Why it Matters?
Appointment signals judicial expectation that resolution should occur, which itself applies pressure independent of anything the facilitator does. Facilitators with mass tort experience add substantive value by proposing structures that have worked elsewhere, since the architectural problems recur across proceedings. Confidentiality of communications with the facilitator should be confirmed, as it varies with the appointment's terms.
Frequently Confused with
Related terms
Frequently asked questions
What does appointment signal?
Are communications confidential?
