Becoming a Neutral
Application Process
All prospective court neutrals must submit an application and must attend initial and periodic court-sponsored training. We provide separate, specially designed training for mediators and neutral evaluators. Invitations to training sessions are issued periodically and training is free of charge. Applications received between training sessions will be kept on file and applicants will be notified when training is next offered.
The court strongly prefers that applicants use the Online Neutral Profile . If you are unable to use that form, please download the Neutral Application (.pdf) from our Forms page, complete it and return it to our office at the address listed on our Contacting the ADR Unit page.
The court welcomes applications from all qualified individuals, including women, people of color, gays and lesbians, and others who are members of groups who traditionally have been under-represented in the legal profession.
Mediator Qualifications
Mediation Process Description
Mediation is a flexible, non-binding, confidential process in which a neutral person facilitates settlement negotiations. The Mediator improves communications across party lines, helps parties articulate their interests and understand those of their opponent, probes the strengths and weaknesses of each party’s legal positions, identifies areas of agreement and helps generate options for a mutually agreeable resolution to the dispute. The Mediator generally does not give an overall evaluation of the case. A hallmark of mediation is its capacity to expand traditional settlement discussion and broaden resolution options, often by exploring litigant needs and interests that may be formally independent of the legal issues in controversy. For more information, see ADR Local Rule 6. (.pdf)
Mediator Requirements
• Admitted to the practice of law for at least 7 years and member of the bar of the Court or of the faculty of an accredited law school, or if a non-lawyer, an appropriate professional credential in another field (such as accounting)
• Knowledgeable about civil litigation in federal court
• Strong mediation process skills and the ability to listen well, facilitate communication and assist with settlement discussions
• Successful completion of initial and periodic Court-sponsored training is required for service on the panel, as described below.
Mediation Continuing Education Requirements
Continuing Training and Education:
Mediators who are invited to join the Court’s panel of neutrals, will be expected to meet the following requirements to remain on the panel:
1. Either co-mediate or have an experienced Court Mediation Panel member observe the first 1 to 3 mediation sessions. The ADR staff will assist in making appropriate arrangements to meet this qualification.
2. For the first year of service, either participate in an Advanced Mediation Practice Group or establish a mentoring relationship with an experienced District Court Mediation Panel member. Advanced Mediation Practice groups, which are led by ADR legal staff, meet monthly on a regularly scheduled basis for 2 hour sessions to discuss their cases. New members are expected to attend at least 8 of the 12 monthly sessions. Mentoring entails a commitment to debrief mediation sessions with an experienced panel member who can provide guidance and advice as needed. The ADR staff will assist in matching new Mediators with appropriate mentors.
3. Participate in 3 hours of continuing education relevant to mediation each year, including Court “brown bag” sessions or trainings, or other mediation, negotiation, or communication trainings.Participation in an Advanced Mediation Practice Group satisfies this requirement.
4. Spend a minimum of 10 hours each year reading books, articles, or reported cases relevant to mediation, negotiation, or communication.
Payment
Service as a Mediator is primarily pro bono. The mediator volunteers preparation time and the first four hours of the mediation. After four hours of Mediation, the mediator may (1) continue to volunteer his or her time or (2) give the parties the option of either concluding the proceeding or paying the mediator. The proceeding will continue only if all parties and the mediator agree. If all parties agree to continue, the mediator may then charge his or her hourly rate or such other rate that all parties agree to pay. In special circumstances for complex cases requiring substantial preparation time, the parties and the Mediator may make other payment arrangements with the approval of the ADR legal staff.
Minimum Participation Requirement for Mediators
Mediators must be willing to serve in at least three cases per year under these programs.
ENE Evaluator Qualifications
ENE Process Description
In Early Neutral Evaluation (ENE), the parties and their counsel, in a confidential session, make compact presentations of their claims and defenses, including key evidence as developed at that juncture, and receive a non-binding evaluation by an experienced neutral lawyer with subject matter expertise. The Evaluator also helps identify areas of agreement, offers case planning suggestions and, if requested by the parties, provides settlement assistance. For more information, see ADR Local Rule 5. (.pdf)
ENE Evaluator Requirements
• Admitted to the practice of law for at least 15 years
• Member of the bar of the Court or of the faculty of an accredited law school
• Considerable experience with civil litigation in federal court
• Substantial expertise in the subject matter of the case
• Temperament and training to listen well, facilitate communication across party lines and assist parties with settlement discussions
• Successful completion of initial and periodic Court-sponsored training is required for service on the panel, as described below.
ENE Training and Continuing Education Requirements
Continuing Training and Education:
Evaluators who are invited to join the Court’s panel of neutrals, will be expected to meet the following requirements to remain on the panel:
1. Participate in 3 hours of continuing education relevant to the panelist's areas of expertise each year.
2. Participate periodically in Court-sponsored ENE continuing education as offered by the Court.
3. Spend a minimum of 10 hours each year reading books, articles, or reported cases relevant to the panelist's areas of expertise.
Payment
Service as an ENE Evaluator is primarily pro bono. The neutral evaluator volunteers up to two hours of preparation time and the first four hours of the ENE session. After four hours in an ENE session, the Evaluator may (1) continue to volunteer his or her time or (2) give the parties the option of either concluding the proceeding or paying the Evaluator. The ENE proceeding will continue only if all parties and the Evaluator agree. If all parties agree to continue, the Evaluator may then charge his or her hourly rate or such other rate that all parties agree to pay. In special circumstances for complex cases requiring substantial preparation time, the parties and the Evaluator may make other payment arrangements with the approval of the ADR legal staff.
Minimum Participation Requirement for Evaluators
Evaluators must be willing to serve in at least three cases per year under these programs.