Court-Appointed Neutral

Experience with litigation resolves disputes; experience with disputes resolves litigation.

I am trying to remake how we handle civil litigation. For about 40 years, almost no neutral has ever looked at a discovery request or discovery response when it was served. Rarely do neutrals work on a regular basis with parties to fashion the case in a way that obtains the information that the parties actually need without diverging into expensive fights over things that do not matter. Only occasionally are neutrals available to rule on disputes from depositions or, if necessary, attend them. Trial and Magistrate Judges do not have time and resources to manage cases that closely, and it is neither their best nor highest use to devote all their energies to performing those functions.

Litigation does not need to work this way. It can be efficient. It can be focused. And it can be managed to the benefit of all parties. I seek to combine experience as a litigator with training as a neutral and e-neutral to create a new approach for courts across the country.

Being a litigator and counselor helps me to be a better neutral.

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What People Say About Merril

  • I’ve worked with Merril for more than 20 years. He brings a unique and valued perspective to dispute resolution. His wealth of complex litigation experience, detailed knowledge of the insurance industry, and longstanding relationships with plaintiffs’ counsel, defense counsel and insurance executives will greatly facilitate the resolution complex disputes in a fair and reasonable manner. You can be confident that your position will be evaluated carefully, thoroughly and with integrity, and if there is a way to settle on good terms, Merril will almost certainly find it.

    Wallace A. Christensen, Managing Director, Chesterbrook Woods, LLC, Member American College of Trial Lawyers

  • Merril Hirsh worked with DC Appleseed pro bono on a project designed to make DC’s Attorney General more accountable to the public and make it an elected office. The project required careful analysis of a number of competing claims as well as the bringing together of a number of conflicting viewpoints. Merril was superb at both those undertakings and helped lead us to a really good outcome for the residents of DC.

    Walter Smith, Executive Director DC Appleseed

  • I practiced law with Merril for more than 20 years. Among other things, he taught me how to take my very first deposition as a newly-minted attorney, and we worked together on complex litigation matters, from insurance coverage to patent and trademark disputes. Merril is one of the smartest people I know. He has an uncanny ability to identify all the nuances and angles of even the most complex matters, analyze them thoroughly, and explain them persuasively. Merril is someone who could pick up pretty much any case in any subject matter and figure it out very quickly.

    Jennifer Mathis, Partner, Troutman Sanders LLP

  • Merril Hirsh is an organized and experienced litigator who gets things done! He has been chairing a special ABA Committee relating to Special Master appointments. I have worked with him on this project for the past 18 months. He is efficient and effective. He encourages others to work with him and with each other. These traits would make him an outstanding mediator, arbitrator or special master.

    Hon. Shira A. Scheindlin, United States District Court for the Southern District of New York (ret.)

  • Merril Hirsh is the complete package. His deep and broad experience as a counselor and litigator, in advocating on behalf of clients and understanding their interests, complements his innate talent as an effective neutral. Add to all of that a superlative work ethic, creativity, and a passion for “getting to ‘yes.’” A lawyer and her or his client will be in excellent hands with Merril as the neutral.

    William D. Johnston, Partner at Young Conaway Stargatt & Taylor, LLP in Wilmington, Delaware and Immediate Past Chair of the ABA Business Law Section

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