ABA Adopts Two Resolutions Related to ADR

Last week, the American Bar Association (“ABA”) House of Delegates adopted two resolutions related to alternative dispute resolution (“ADR”).  The resolutions address utilizing the term “court-appointed neutrals” in lieu of “special master” in ABA guidelines, rules, and legislation and urge various courts to adopt a model rule on the use of court-appointed neutrals.  Both of the resolutions were sponsored by the ABA Judicial Division and Section of Dispute Resolution.

Resolution 23A516 states:

RESOLVED, That the American Bar Association amends the ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation (“Guidelines”), adopted January 2019 (Resolution 100, 19M100), by retitling the Guidelines, “ABA Guidelines for the Appointment and Use of Court-Appointed Neutrals in Federal and State Civil Litigation” and replacing the terms “Special Master” and “Master” with “Court-Appointed Neutral;” 

FURTHER RESOLVED, That the American Bar Association further amends ABA Resolution 100, 19M100, to urge that Bankruptcy Rule 9031 and other provisions of rules or law related to Bankruptcy be amended to permit courts responsible for cases under the Bankruptcy Code to use court-appointed neutrals (whether identified as “masters” or otherwise) in the same way as they are used in other federal cases; and 

FURTHER RESOLVED, That the American Bar Association supports rule and legislative changes designed to replace the term “master” or “special master” with “court-appointed neutral.”

Meanwhile, the text of Resolution 23A517 says the following:

RESOLVED, That the American Bar Association adopts the Model Rule on Court Appointed Neutrals dated August 2023; and

FURTHER RESOLVED, That the American Bar Association urges state, local, territorial and tribal courts to adopt the Model Rule on Court-Appointed Neutrals dated August 2023.

The proposed text for the Model Rule discussed in Resolution 23A517 is available online.

H/t to Committee Chair Merril Hirsh, FCIArb for leading the charge on the resolutions!

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