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… Continue reading The Role of the Arbitrator: Duty to Disclose
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… Continue reading Ethical Obligations Regarding Information Security
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… Continue reading Happy New Year – Again we’ve survived a bunch of apocalypses.
Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own. Looking at the previous two questions below, where do you think THEIR perspective differs from your own. Task #12: What important understanding did you think you had when you originally got involved together? Task #13: In a… Continue reading Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own.
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… Continue reading Ethical Reasons Not to Accept Appointment as an Arbitrator
How to stay on the cutting edge of mediation The cutting edge of mediation. Recently, I wrote an article for our local Bar Association Journal on why someone would want to join the ADR section of the Bar. As the new Chair of the ADR section, was also needed to describe how membership has benefited… Continue reading How to stay on the cutting edge of mediation
Task #13: In a dispute, how did the relationship change? How did the relationship change? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a… Continue reading Task #13: In a dispute, how did the relationship change?
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… Continue reading Arbitrator’s Duty to Avoid Potential Conflicts
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… Continue reading Arbitrator’s Duty to Neutrality
FAQ: What is the Comprehensive Mediation Agreement? In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the… Continue reading FAQ: What is the Comprehensive Mediation Agreement?