Tag: FINRA
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I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court?
I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court? This is an option, but you may not resolve your dispute. Mediation is not about coming to the table as friends to avoid conflict and confrontation, as many professionals would have you…
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Challenging the Arbitrator: Motions to Recuse
Challenging the Arbitrator: Motions to Recuse In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…
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What do I do in a mediation?
As your mediator, I am neither your friend nor foe. All too many come into the mediation anticipating that they will “win over” me or that I will advocate on their behalf. Often when this fails to happen, and it should fail to happen, they treat the mediator as an adversary. This does not help…
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The Role of the Arbitrator: Duty to Disclose
Role of the Arbitrator: duty to disclose Arbitrators must be impartial in both appearance and in fact. Therefore, they have a duty to disclose. Arbitrators submit detailed biographical information at the time they join FINRA’s arbitrator roster. The information collected from the application is compiled to create an Arbitrator Disclosure Report (Disclosure Report). During the…
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Ethical Obligations Regarding Information Security
Ethical Obligations Regarding Information Security To provide security for participants, documents and information in an arbitration case file are confidential. Arbitrators have an ethical duty to keep confidential all information obtained in connection with an arbitration or mediation. Information that needs to be protected includes, but is not limited to: Social Security numbers; Individual taxpayer…
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Happy New Year – Again we’ve survived a bunch of apocalypses.
I had to look up the plural of apocalypse. On Google one commentator questioned the need for the plural form. If apocalypse is defined as the end of the world, how could you have several ends of the world? Obviously this commentator has not been watching the news. History is littered with doomsdays that have…
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Ethical Reasons Not to Accept Appointment as an Arbitrator
Ethical Reasons Not to Accept Appointment as an Arbitrator There are ethical reasons not to accept appointment as an Arbitrator It is important to know when to say no. If an arbitrator has any doubt about whether they can be fair or impartial, the arbitrator should decline the appointment. For example, an arbitrator should refuse…
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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…
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The Arbitrator’s Role: Ethical Considerations
The Arbitrator’s Role: Ethical Considerations FINRA encourages arbitrators to periodically review the Code of Ethics for Arbitrators in Commercial Disputes (Code of Ethics) to refresh themselves about their duties and ethical responsibilities. The information contained in this guide is a brief reminder of the arbitrators’ ethical duties. The guide is neither an exhaustive list nor…