Court-Appointed Neutrals (Special Masters): When to Use Them, How to Pick Them, How to Benefit From Them

The NAWJ has been at the forefront of efforts to rethink and rename the "special master" profession to make it more useful for judges. This webinar will be a practical discussion that will help attendees better understand this rule, when to use neutrals, how to choose excellent neutrals fairly and how they can help the administration of justice.

Learning Objectives:

• Understand what a court-appointed neutral can do and how to decide when to use them
• Understand best practices for how to select neutrals
• Learn about resources available to assist in making use of court-appointed neutrals

Speakers:

Merril Hirsh, Executive Director, Academy of Court-Appointed Neutrals

Hon. Vivian Medinilla (Ret.), Delaware Superior Court

Hon. Heather Welch (Ret.), Marion County Superior Court 

Resources

ABA Resolution 19M100 – adopting Guidelines on the Appointment and Use of [Court-Appointed Neutrals] in Federal and State Civil Litigation

ABA Resolution 23A516 – urging the substitution of the name “court-appointed neutrals” for “masters” or “special masters” in ABA Guidelines rules and legislation and the amendment of rules and legislation necessary to permit the use of court-appointed neutrals in bankruptcy proceedings.

ABA Resolution 23A517 – urging that state, local, territory and tribal courts adopt a Model Rule on the appointment and use of court-appointed neutrals.

Suggestion 23-CV-A – ABA letter to Judicial Conference suggesting that the Federal Rules of Civil Procedure be amended to substitute “court-appointed neutral” for “master”

Suggestion 23-BK-C – ABA letter to Judicial Conference suggesting amendment of the Bankruptcy Rules to permit the use of court-appointed neutrals.

The Academy of Court-Appointed Neutrals Benchbook

Merril Hirsh, ‘What's In a Name:  Reinventing ‘Special Masters’ as ‘Court-Appointed Neutrals,’” Court Review (the quarterly journal of the American Judges Association), v. 60 No. 1 at 28 (2024), available here

Merril Hirsh, ‘What, Who, Why, When, Where and How:  Using Court-Appointed Neutrals in New Ways to Improve the Administration of Justice,’ National Council of Juvenile and Family Court Judges In session (Spring 2024), available here

Being the Change We Want to See: Using the Term “Court-Appointed Neutrals” to Replace “Master” or “Special Master,” ABA Judicial Division JD Record (April 2004), available here

Merril Hirsh and Sylvia Mayer, ‘Time To Stop Hamstringing Bankruptcy Judges: Amending Bankruptcy Rule 9031 To Recognize and Permit the Use of Court-Appointed ‘Masters,’’ ABA Judicial Division Judges Journal, v. 61, no. 4 (Fall 2022) 4, available here

‘Necessity and Invention: Seven Steps for Using Special Masters to Help Courts with the Pandemic Caseload,’ American Bar Association Judicial Division, Judges Journal,  v.60, No. 3 at 18 (Summer 2021), available here

‘A Revolution That Doesn’t Offend Anyone: The ABA Guidelines on the Appointment and Use of Special Masters in Civil Litigation,’ American Bar Association Judicial Division Judges Journal (Fall 2019) at 30, available here