Category: Ethics
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Ethical Considerations of Mediation
Commercial mediation is a popular form of alternative dispute resolution that involves a neutral third-party mediator who helps parties in a commercial dispute reach a mutually acceptable resolution. Compared to litigation, mediation is quicker, more affordable, and more adaptable, making it a preferred option for many businesses. However, commercial mediation presents ethical considerations that must…
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Arbitrator’s Duty to Avoid Potential Conflicts
Arbitrator’s Duty to Avoid Potential Conflicts Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is…
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Arbitrator’s Duty to Neutrality
Arbitrator’s Duty to Neutrality It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge…