Neutral Selection

The Board Chairman appoints CBCA judge neutrals several different ways. If desired, the parties may request the appointment of a particular judge(s). If the parties request that a particular CBCA judge be assigned, the request usually will be honored, depending on the requested judge’s availability.  Alternatively, the parties may wish to consider submitting to the Chairman a list of mutually agreed upon judge neutrals.  If particular time constraints are mentioned, the Chairman may query the judges’ availability prior to making the assignment.  If no particular judge is requested and there are no apparent time constraints, the Chairman will usually assign a judge neutral on a rotational basis.  In a docketed appeal, the parties may also request that the presiding judge serve as the judge neutral for the ADR proceeding.  If the parties elect a non-binding ADR procedure and the implementation of the procedure does not result in a settlement, where the procedure has involved ex parte contact, the judge neutral may retain the case for adjudication as the presiding judge, but only if the parties and the presiding judge all agree to such retention.  If the procedure has not involved ex parte contact, the judge neutral, after considering the parties’ views, may retain the case as the presiding judge at his or her discretion.

The Board provides judge neutrals to agencies within its jurisdiction free of charge.  For agencies whose issues in controversy do not fall within the CBCA’s jurisdiction, the Board may provide ADR services on a reimbursable basis.