Application Process
All prospective court neutrals must submit an application and must attend court-sponsored training. We provide separate, specially designed training for mediators, neutral evaluators and arbitrators. Invitations to training sessions are issued periodically and training is free of charge.

The court strongly prefers that applicants use the Online Neutral Profile.If you are unable to use that form, you may download either a Microsoft Word or Corel Word Perfect formatted form from the icons on the left hand side of this page or obtain a hard copy by contacting the ADR Unit.

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.

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.

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

• Expertise in the subject matter of the case

• Temperament and training to listen well, facilitate communication and assist with settlement discussions

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.

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

• Experience in transactional work is desirable, but not required

Payment of Evaluators and Mediators

Service as an ENE Evaluator or Mediator is primarily pro bono. Evaluators and Mediators volunteer their preparation time and the first four hours of a session. After four session hours, the Evaluator or Mediator may charge the parties $200 per hour. After four more hours, if all parties agree, the Evaluator or Mediator may charge any rate to which all parties agree. In special circumstances for complex cases requiring substantial preparation time, the parties and the Evaluator or Mediator may make other payment arrangements with the approval of the ADR legal staff.

Minimum Participation Requirement for Evaluators and Mediators

Evaluators and Mediators must be willing to serve in at least three cases per year under these programs.

Arbitration Process Description

Arbitration is an adjudicative process in which an arbitrator or a panel of three arbitrators issues a non-binding judgment (“award”) on the merits after an expedited, adversarial hearing. Either party may reject the non-binding award and request a trial de novo. An arbitration occurs earlier in the life of a case than a trial and is less formal and less expensive. Because testimony is taken under oath and is subject to cross-examination, arbitration can be especially useful in cases that turn on credibility of witnesses. Arbitrators do not facilitate settlement discussions. For more information, see ADR Local Rule 4.

Arbitrator Requirements

• Admitted to the practice of law for at least 10 years

• Member of the bar of the Court or of the faculty of an accredited law school

• Either: for not less than five years, committed 50% or more of their professional time to matters involving litigation, or substantial experience serving as a neutral in dispute resolution proceedings.

Payment of Arbitrators

The Court pays single arbitrators $250 per day and pays members of three arbitrator panels $150 per day, pursuant to statute.

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