Cadwalader, Wickersham & Taft LLP
MONTH-IN-BRIEF (Aug 2023)
Words Matter! “Court-Appointed Neutral”: A Better Name for Special Master and New Rules for Their Work
By Merril Hirsh
At the ABA Annual Meeting on August 7, 2023, the House of Delegates overwhelmingly adopted two resolutions co-sponsored by the Judicial Division and the Section of Dispute Resolution and supported by the Business Law Section. The first resolution encourages the use of a new term—“court-appointed neutrals”—to refer to what many people have called “masters” or “special masters”. The second resolution proposes a new court rule to harmonize and expand the ways in which these neutrals can support the effective administration of justice, for the benefit of courts and parties alike.
Resolution 516, among other things, urges rule-makers and legislators to substitute the term “court-appointed neutrals” for “master” or “special master,” and amends the ABA’s own 2019 Guidelines on the Appointment and Use of Special Masters in Federal and State Civil Litigation to substitute this new term.