As amended through November 4, 2024
Section 10 - Obligations of Rule 31A Neutrals(a) Before the commencement of any Rule 31A ADR Proceeding, the Rule 31A Neutral shall: (1) Make a full and written disclosure of any known relationships with the parties or their counsel which may affect or give an appearance of affecting the neutrality of the Rule 31A Neutral.(2) Advise the parties regarding the Rule 31A Neutral's qualifications and experience.(3) Discuss with the parties the rules and procedures that will be followed in the Rule 31A ADR Proceeding.(b) During Rule 31A ADR Proceedings, the Rule 31A Neutral shall: (1) Advise the Court in which the proceeding is pending if the Rule 31A ADR proceeding is, or is likely to become, inappropriate, unfair, or detrimental in the referred action.(2) Maintain impartiality toward all parties. Impartiality means freedom from favoritism or bias in favor of or against any party, issue, or cause.(3) Refrain from giving legal advice, while serving as a Rule 31A Neutral, to the parties in the Rule 31A ADR Proceeding. However, while a Rule 31A Neutral should not offer a firm opinion as to how the court in which a case has been filed will resolve the case, a Rule 31A Neutral may point out possible outcomes of the case and may indicate a personal view of the persuasiveness of a particular claim or defense. Moreover, an "evaluation" pursuant to a Case Evaluation, an "award" pursuant to a Non-Binding Arbitration, or an "advisory verdict" pursuant to a Summary Jury Trial will not be considered to be "legal advice" for purposes of this Rule.(c) During and following Rule 31A ADR Proceedings, Rule 31A Neutrals shall: (1) Refrain from participation as attorney, advisor, judge, guardian ad litem, master, or in any other judicial or quasi-judicial capacity in the matter in which the Rule 31A ADR Proceeding was conducted.(2) Provide a timely report as required under section 5 of this Rule.(3) Avoid any appearance of impropriety in the Rule 31A Neutral's relationship with any member of the judiciary or the judiciary's staff with regard to the Rule 31A ADR Proceeding or the results of the Rule 31A ADR Proceeding.(4) Preserve and maintain the confidentiality of all information obtained during the Rule 31A ADR Proceeding and shall not divulge information obtained by the Rule 31A Neutral during the course of Rule 31A ADR Proceeding without the consent of the parties, except as otherwise may be required by law.(d) A Rule 31A Neutral shall not be called as a witness in any proceeding to enforce any terms of the resulting agreement.