Court-Appointed Neutral Workflow

It sure would be great if we could step out the workflow for Court-Appointed Neutral engagements in a totally user-friendly way. But the truth is, when Mr. Bayer does Court-Appointed Neutral work, he works for the judge. So he does everything the way the judge wants things done: every judge does things differently.

Below we’ve posted a few simple guidelines that we hope will make working with our office as easy as possible.

Ready to Get Started?

1. As you decide whether to work with Mr. Bayer as Court-Appointed Neutral, he recommends that you read his blog and his recent CLE papers, particularly about arbitration because the way the office will interact with you will be similar to the way we interact with parties involved in arbitration.

[FYI: As a very general rule of thumb, if you treat Mr. Bayer as you would a judge, and you treat Carolina El'Azaras you would a combination of a District Court clerk, a court coordinator, a judge’s assistant, and a law clerk, you won’t be far off.]

2. If a judge has ordered or suggested that a Court-Appointed Neutral would be appropriate in your client’s case, and you are considering using Mr. Bayer, then the first step is to determine whether he has any conflicts.

3. Submit to Carolina El'Azara list of the parties and complete contact information for all the lawyers and legal assistants involved in administering the case so that Mr. Bayer can run a Conflicts Check. Mr. Bayer will disclose any potential conflicts within five business days of receiving this information.

4. Once you have decided you want to work with Mr. Bayer, please let us know in writing by email to Carolina El'Azarthat you have submitted his name to the judge.

Before Your Initial Conference

Sometimes the judges we’re working with have very specific ideas about how they want Mr. Bayer to interact with the lawyers and clients in his Court-Appointed Neutral role. Obviously, we’ll do whatever the judge wants. Most judges want Mr. Bayer to decide for himself how he will interact with the lawyers and their clients. In these cases you can expect we will work within the following protocols:

5. Mr. Bayer requires all the parties to schedule an Initial Conference with him as soon as he has been appointed by the judge. Please send a paper-based or PDF copy of the judge’s order to Carolina. As soon as she has received the order, Carolina El'Azarwill call or email to schedule this Initial Conference to take place either in-person or by telephone (if all parties agree).

Topics for this Initial Conference will include:

Design of the Court-Appointed Neutral Process
Interaction with District Clerk, Judge’s Law Clerk, and Judge’s Calendar
Scheduling Order
Confidentiality Order
Court Reporter and Written Record
Necessary Discovery
Dispositive Motions
Master’s Report and Recommendations
Anything else you think should be brought to the Court-Appointed Neutral's attention about your particular dispute.

6. Prepare Yourself And Your Client for Your Initial Conference.

At your Initial Conference you will discuss the topics above. Mr. Bayer assumes you are well-informed about either the Texas Rules of Civil Procedure and Evidence or the Federal Rules of Civil Procedure and Evidence.

Before the conference convenes, Mr. Bayer recommends you familiarize yourself with the local rules of the Court that has appointed Mr. Bayer Court-Appointed Neutral. Since Mr. Bayer’s Court-Appointed Neutral role is similar in many ways to his role as arbitrator, you may also find it useful to familiarize yourself with his administrative policies related to arbitration.

We have posted a checklist of questions related to arbitration proceedings that you may want to review and consider prior to arriving at your Initial Conference. This will prepare you to participate well on behalf of your client in the design of a Court-Appointed Neutral process that meets the needs of all counsel and clients involved in the dispute.

During Your Court-Appointed Neutral Process

7. As soon as possible after your Initial Conference, obtain signed copies of your Scheduling Order, any Confidentiality Order, or any other necessary Pre-Trial Orders and send them to Carolina El'Azaras paper-based copies or PDFs.

[FYI: In Court-Appointed Neutral work, Mr. Bayer regularly works with the lawyers to develop the orders to fit the case. Some of them are pretty barebones. Some orders are highly detailed. Some cases need a Confidentiality Order, some don't. Some need an Electronic Discovery Order, some don't. Whatever your case requires, it is the lawyers’ responsibility to obtain and transmit your signed orders to our office.]

8. Schedule and attend any teleconferences or in-person hearings to resolve issues that come up after your Initial Conference. Schedule these kinds of teleconferences or in-person hearings with Carolina.

If you have filed pleadings, briefs or evidence with the Clerk that you believe to be essential to Mr. Bayer’s review and subsequent recommendations, it is your responsibility to confirm with Carolina El'Azarthat Mr. Bayer has, in fact, received these documents.

If you want written records of teleconferences or in-person hearings, you will need to arrange for a court reporter.

9. After your hearing, Mr. Bayer will make his report and recommendations as agreed in the Initial Conference and required by the appointing Court’s Rules of Procedure.