Questions about engaging a discovery neutral.

A discovery special master is a neutral the court appoints under Federal Rule of Civil Procedure 53 to manage and decide discovery matters the judge cannot reach quickly. Discovery is the most common use of a special master. The appointing order defines the master's authority, and the master reports findings and recommendations to the court.

In California state court, a discovery referee plays a similar role under Code of Civil Procedure §§ 638–639. The parties may agree to a referee (§ 638), or the court may appoint one in defined circumstances (§ 639). The referee hears the referred discovery disputes and reports to the court. See CCP §638 vs. §639.

A forensic neutral is an impartial examiner — engaged by stipulation or court appointment — who designs and runs technical protocols such as imaging or inspecting systems, and verifies what the data shows. A forensic neutral does both the legal and the technical work, which makes the role efficient where the evidence lives on a party's systems.

A mediator facilitates a voluntary resolution and decides nothing. A special master or referee is appointed by a court and can hear and recommend — or, where authorized, decide — the matters referred. Daniel Garrie serves in each of these capacities; the right one depends on the forum and what the parties want.

It depends on the forum (federal, California state, or arbitration), whether the parties will stipulate, and whether you need a facilitated agreement or a decision. The When to Use a Neutral page walks through the six common dispute types and the procedural vehicle for each.

Engagement is administered exclusively through JAMS. Counsel name Daniel Garrie in a stipulation or proposed order, or request him through the JAMS Case Manager, who handles scheduling and the engagement terms.

Parties can stipulate to Daniel Garrie in a proposed appointing order or reference, or contact the JAMS Case Manager to request him. The Model Orders page offers sample stipulation and order language to adapt with counsel.

Yes. Parties can stipulate to a forensic neutral or ESI mediator outside of any court appointment — including within an arbitration — to design protocols or mediate a discovery dispute before it hardens into a motion.

After appointment or engagement, the neutral sets a procedure suited to the dispute — conferences, written submissions, and deadlines — and resolves the referred matters by agreement, recommendation, or order, as the appointing order allows. The neutral keeps a record and reports to the court.

JAMS proceedings are conducted confidentially, and a neutral can issue protective orders to safeguard trade secrets, privileged material, and other sensitive information. In litigation, the court's own orders and rules also govern confidentiality.

Under FRCP 53(f), a court reviews objections to a master's findings of fact and conclusions of law de novo, unless the parties stipulate — with the court's approval — to a different standard such as clear error. In California, a discovery referee's recommendations are advisory and reviewed de novo, though courts give them considerable weight. Because the court retains review, there is little downside to using a neutral.

It depends on the dispute, but the point of a neutral is speed: short-notice conferences and a focused procedure can resolve in weeks what a motion calendar takes months to reach.

Fees are administered through JAMS according to its published schedules; the JAMS Case Manager can provide specifics for your matter. This site does not quote fees.

Under FRCP 53(g), the master's compensation is paid by the parties or from a fund within the court's control, and the court allocates it among the parties — considering the nature and amount of the controversy, the parties' means, and the extent to which any party is more responsible for the reference. Parties often share the cost, subject to reallocation.