1. (a) A neutral shall be an attorney or administrative law judge approved by the OPLC based on the criteria in (b), below.

2. (b) To be approved as a neutral, an individual shall be an attorney admitted to practice in New Hampshire in good standing, who has:

   1. (1) A minimum of 5 years of experience in litigation in the subject matter area(s) to which the individual might be assigned as a neutral;
   2. (2) Training as a mediator or arbitrator; or
   3. (3) Experience in performing quasi-judicial roles, including but not limited to 20 hours experience in ADR or 5 years in a quasi-judicial role such as presiding at administrative disciplinary or non-disciplinary remedial proceedings.
3. (c) Neutrals shall not be called as a witness in any subsequent proceeding relating to any party’s negotiations or participation.

4. (d) The following criteria shall apply to the selection of a neutral of any kind:

   1. (1) The neutral shall not have personal knowledge of any of the parties;

   2. (2) The neutral shall disclose any circumstances that are likely to:

      1. a. Create a conflict of interest or the appearance of a conflict of interest;
      2. b. Present a reasonable inference of bias; or
      3. c. Prevent the process from proceeding in a timely manner; and
   3. (3) The neutral shall not act as a legal advisor to, or legal representative of, any of the parties in the proceeding or the board.
5. (e) If the parties use a neutral offered by the OPLC, no expenses of the neutral shall be charged to the parties. If the parties elect to use a private neutral, the parties shall bear all expenses of the ADR.

Source. #14331, eff 8-20-25, EXPIRES: 8-20-35