e disqualified from appearing as counsel in any other case pending before
the Court.
WHAT IS THE ROLE OF THE MEDIATOR? The mediator presents a broad range of resolution
options to the parties by exploring the litigants needs and interests that may be independent of the legal
issues in controversy. The neutral may request or accept additional confidential statements that are not
shared with the other side and are not filed with the Court. The neutral helps parties engage in productive
dialogue, helps each party understand the other sides views and interests, and communicates views or
proposals in more palpable terms. The neutral also gauges the receptiveness of proposals, helps parties
realistically assess their alternatives, and helps generate creative solutions.
WHAT FALLS OUTSIDE THE ROLE OF THE MEDIATOR? The mediator generally does not give
an overall evaluation of the case. The mediator has no power to impose settlement or coerce a party to
accept proposed terms. The mediator does not make a decision for the parties
WHAT IS THE ROLE OF THE EVALUATOR? The evaluator enables parties to communicate
directly about their claims and supporting evidence, provides an assessment of the merits of the case,
provides a reality check for clients and lawyers, identifies and clarifies the central issues in dispute,
assists with discovery and motion planning or with an informal exchange of key information, and
facilitate settlement discussions, when requested by the parties.
WHAT FALLS OUTSIDE THE ROLE OF THE? The evaluator has no power to impose settlement
or coerce a party to accept any proposed terms.
WHAT ARE THE QUALIFICATIONS FOR A NEUTRAL? Neutrals on the Courts panel have the
following qualifications: admission to the practice of law for at least 5 years, experience in
communication and negotiation techniques, knowledge about civil litigation in federal and state court, 16
hours of training by the court or other training organization.
WHAT IS THE NEUTRALS ROLE IN REPORTING GOOD FAITH PARTICIPATION? The
neutral will report to the judge any willful or negligent failure to attend any ADR conference, to
substantially comply with the Order Referring Case to Alternative Dispute Resolution, or otherwise
participate in the ADR process in good faith.
WHAT IS THE LENGTH OF A NEUTRALS APPOINTMENT? The appointment of a neutral
shall be effective until the neutral notifies the Court in writing that the referral has been concluded.
CAN A NEUTRAL BE DISQUALIFIED? A neutral may be disqualified for bias or prejudice
pursuant to 28 U.S.C. §144, and shall be disqualified in any case in which a justice, judge, or magistrate
judge would be disqualified pursuant to 28 U.S.C. §455. Any party who believes that an assigned neutral
has a conflict of interest shall file a motion for disqualification of the neutral at the earliest opportunity, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MISSOURI
FACT SHEET #4
ROLES AND RESPONSIBILITIES OF THE ALTERNATIVE DISPUTE RESOLUTION (ADR)
NEUTRAL/EVALUATOR
or waive the objection.
WHAT HAPPENS IS A NEUTRAL CANNOT SERVE HIS OR HER TERM? A neutral who
cannot serve within the period of referral shall notify lead counsel who will arrange for selection of a
different neutral by agreement of the parties or by the Clerk.
WHAT IS THE RESPONSIBILITY OF THE NEUTRAL IN FILING A COMPLIANCE
REPORT? Within 14 days after the ADR referral is concluded, the neutral shall file with the Court an
Alternative Dispute Resolution Compliance Report on a form provided by the Clerk.
CAN THE NEUTRAL COMMUINICATE PRIVATELY AND EX PARTE WITH COUNSEL
AND UNREPRESENTED PARTIES? The neutral designated in a case may communicate privately
and ex parte with counsel and unrepresented parties prior to the commencement of the formal dispute
resolution process.