The parties worked with a mediator outside of LDRC and found that two substantive factual issues were standing in the way of their progress towards settlement with that mediator. In collaboration with him, the parties agreed to submit the questions to LDRC, for final and binding determination: the value of the wife’s real estate brokerage business and the level of business income that should be assigned to her for the purpose of negotiating a final alimony and/or child support arrangement.
Counsel for the parties asked us to accept this assignment with the limitations to which they had agreed: a time limited hearing within a fixed timeframe; the presentation of evidence from their expert witnesses only, with that being given by “narrative” testimony; each lawyer having limited opportunity to cross-examine the opposing expert; and that we prepare an “award” with a brief rationale in support, within a defined period of time. We were appointed “special master” by the court, as well, with the parties waiving rights of appeal
The hearing proceeded and we provided an award within 10 days after completion of the hearing, which the parties then used in their further non-LDRC mediation effort.
NOTE: THIS CASE STUDY IS BASED ON A COMPOSITE OF ACTUAL LDRC CASES BUT THE FACTS HAVE BEEN ALTERED TO ASSURE THE CONFIDENTIALITY OF OUR CLIENTS.