NCJ Number
101530
Journal
Negotiation Journal Volume: 2 Issue: 2 Dated: (April 1986) Pages: 121-127
Date Published
1986
Length
7 pages
Annotation
This article reviews standards of professional practice and codes of conduct of relevance to alternative dispute resolvers, including both mediators and arbitrators.
Abstract
Under the code developed by the American Association of Arbitrators (AAA), arbitrators are prohibited from advertising or soliciting cases. This prohibition does not apply to family and divorce mediators. The AAA also states that there be no communication between the parties and the neutral arbitrator except during oral hearings, while the National Academy of Arbitrators' code suggests an arm's length relationship may be acceptable. In addition, arbitrators, particularly those in labor relations, are to disclose any relationships that might present a conflict of interest, be perceived as such, or otherwise constitute a basis for disqualification. This would include such relationships as board memberships, paid consulting work, or stock ownership. Mediators also are prohibited from using their position for private gain or advantage. The Code of Ethics for Arbitrators in Commercial Disputes suggests that neutrals wait a reasonable period after rendering a decision to avoid a relationship or circumstance that might reasonably create the appearance that the decision had been influenced by the anticipation of the relationship. 1 note.