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    Court-Appointed Neutrals Committee

    Court-Appointed Neutrals stand as a unique example where the role of practicing attorneys and judicial officials overlap. This Committee explores how court-appointed neutrals might be used to decrease litigation cost, diminish the drain on court resources, and reduce the length of court proceedings.

    Resolutions 516 and 517 Passed at 2023 Annual Meeting

    The Judicial Division brought two resolutions from this Committee before the ABA House of Delegates at the 2023 Annual Meeting. Both resolutions were passed by the House and are available below.

    Resolution 516

    Among other things, Resolution 516 amends the ABA Guidelines on the Appointment and Use of Special Masters in Federal and State Civil Litigation and the 2019 Resolution that approved them to substitute the term “Court-Appointed Neutral” instead of “Master” or “Special Master,” and urges rule-makers and legislators to adopt the new term.

    Resolution 517

    Resolution 517 adopts a model state rule of civil procedure to help states implement the ABA policy enunciated in its 2019 Guidelines, as amended, on the Appointment and Use of Court-Appointed Neutrals in Federal and State Civil Litigation.

    ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation

    Adopted at the 2019 ABA Midyear Meeting, these guidelines are designed to assist courts and stakeholders in judicial proceedings with the latest thinking on how special masters can be a more useful tool for their judicial administration.

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    Why We Became the Court-Appointed Neutrals Committee

    Previously named the Special Masters Committee, the Court-Appointed Neutrals Committee believes this term better serves the Committee’s efforts to broaden our thinking about neutrals. Despite the positive ways in which “master” has been used in this context, its negative connotations conflict with the goals our Committee is trying to achieve. “Court-Appointed Neutral” much better describes what we are urging courts and litigants to consider and accommodates the fact that jurisdictions use different terms for this function.

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    Join Us

    If you are a member of the Lawyers Conference and have an interest in the work of the Court-Appointed Neutrals Committee, we invite you to join us.

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    Court-Appointed Neutrals Resources to Aid in the Pandemic

    Appointing Qualified Screened Special Masters to Aid in the Pandemic

    Creative use of court appointed-neutrals can help deal with the unprecedented demands on courts. This document identifies issues a judge may wish to consider in choosing a neutral for a particular case, followed by possible system-level options for implementation of mechanisms to recognize a diverse group of qualified, screened prospective neutrals.

    Necessity and Invention: Seven Steps for Using Special Masters to Help Courts with the Pandemic Caseload

    As we move to a post-pandemic world, courts will be faced with an enormous backlog of cases. Utilizing court-appointed neutrals should be part of the solution in helping courts deal with the demands left by the pandemic.

    Keeping Civil Cases Moving While Jury Trials Are Delayed

    Many courts are going to be unable to schedule civil jury trials in the near future and are concerned about how (without the deadline of a trial) they are going to keep civil cases on track for resolution. From the discussions the Committee has had with judges, we’ve learned that there is no one-size-fits-all solution this problem. But there are some creative ways of approaching the problem that might help.

    Checklist for Making Use of Special Masters to Help Deal with the New Normal

    Court-appointed neutrals can provide adjunct judicial services to handle matters usually handled by judges or other full-time judicial officers.

    A Brainstorming Session: Using Special Masters to Help Courts Deal with the Challenges of the Pandemic

    Judges and ADR professionals conduct a virtual roundtable to discuss how court needs might be met through using court-appointed neutrals. This program is creative, interactive and practical.

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    Additional Resources