Dispute Resolution Ethics Resources

ABA Model Rules and Standards Relevant to Attorneys and Neutrals

Model Rules of Professional Conduct Amendments (2002)

Recognition of neutral role for lawyers. Rule 2.4Conflicts of interest for lawyer-neutrals. Rule 1.12Duty of Candor in mediations and arbitrations. Rule 3.3, 4.1Duty on the part of lawyers to advise clients of ADR options in resolving disputes. Rule 2.1, Comment 5

States that have adopted Model Rules of Professional Conduct 2.4 and 2.2 (Rule 2.2 deleted by Ethics 2000 Commission)

Model Standards of Conduct for Mediators (2005)
Model Standards of Conduct for Mediators: Reporter’s Notes (2005)
Code of Ethics for Arbitrators in Commercial Disputes (2002)
Ethics Codes for Settlement Negotiations (2002)

Section Resources

National Clearinghouse for Mediator Ethics Opinions
This searchable clearinghouse provides comprehensive coverage of mediator ethics opinions from 43 states. The database contains a short summary of each opinion with a hyperlink to the original opinion or document issued by the state or national body. The Clearinghouse categorizes mediation ethics complaints and advisory opinions based on the Model Standards of Conduct for Mediators.  To access the Clearinghouse CLICK HERE.

Submit an Ethics Inquiry to the Committee on Mediator Ethical Guidance

The ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance provides advisory responses to requests for ethical guidance based on the American Bar Association/American Arbitration Association/Association for Conflict Resolution Model Standards of Conduct for Mediators (2005).  The scope of the Committee is limited to the consideration of ethical issues pertaining to mediation. To submit an inquiry please click on the following link. http://www.abanet.org/dispute/documents/IntakeFormFINAL.doc

Read the Advisory Opinions Issued by the Committee

Join the Ethics Committee

The mission of the Committee on Ethics is to serve the public, dispute resolution professionals and the Section of Dispute Resolution through study and education on ethics as applied to dispute resolution practices. The Committee seeks to foster the highest standards of conduct by dispute resolution professionals and to enhance the dispute resolution profession's role in serving the public interest, in collaboration with other Section committees.