Services

As a special master, Herndon Resolution offers a great deal of relevant experience in helping to resolve discovery issues, facilitate resolution options, settlement allocation methodology and fee/expense issues. As a special master, David Herndon can be appointed to assist the parties and the court in managing complex litigation.

More often than not, MDL cases and mass actions represent an addition to a district judge’s regular work, adding significantly to the judge’s workload and responsibilities.  Special masters can serve a valuable role in relieving a judge of much of the ministerial and detailed work of case management, especially helpful in MDL cases and mass actions, where issues can flourish with so many litigants that may compete with the judge’s regular and often burgeoning case load.  Use of a special master can help “free up” the magistrate judge to attend to the regular duties of the office.

With David Herndon’s judicial experience and relevant case work, he is well-suited to assist the court as a special master. Herndon currently serves as special master in multiple federal courts assisting with discovery, bellwether processes, common benefit fund oversight and mediation.

Mediation is an important step in creating peace and its purpose is to resolve a dispute in its earliest stages. For a dispute between two parties to be resolved by agreement, there must be a meeting of the minds, and Herndon Resolution offers tools and techniques as well as an unwavering ability to listen and to help clients engage in open communication.

Managing the various strategies during mediation, creating a positive environment for all parties involved, requires a skilled, dedicated professional and Judge Herndon has supervised hundreds of mediations with great success.

Flexibility is a key component in meeting the needs of litigants or potential litigants.  David Herndon is willing to travel as appropriate or, cognizant of a pandemic and post-pandemic world, is able to mediate issues remotely through platforms such as Zoom.

Arbitration can be a tremendous resource to parties to a dispute who are seeking alternative dispute resolution and have determined that less expensive presentation of testimony and evidence will facilitate a fair and just resolution to the disputes. Herndon, as the neutral in an arbitration, offers nearly three decades of neutral litigation-resolving experience to allow the parties to receive a just and well-reasoned resolution for the dispute at hand.