Resources

ADR Ethics Resources

Overview

Dispute Resolution professionals must be aware of the ethical standards that apply to their jurisdiction and their area of practice. These resources aim to provide members and the public with access to some of the key ethics resources.

ABA Section of Dispute Resolution Ethics Committee

The mission of the Ethics Committee is to provide guidance and educational content and programming in the area of dispute resolution ethics. ABA Section of Dispute Resolution members can join the ethics committee as a free benefit of membership. Visit the Ethics Committee ABA Connect Community.

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. Members of the Ethical Guidance Committee are appointed by the Chair of the ABA Section of Dispute Resolution.

Submit an Ethics Inquiry to the Committee on Mediator Ethical Guidance

Read the Advisory Opinions Issued by the Committee in the Library of the Dispute Resolution Ethics “Open Forum” Connect Community. 

Standards, Rules, and Policies

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 2.4 Conflicts of interest for lawyer-neutrals. Rule 1.12 Duty of Candor in mediations and arbitrations. Rule 3.3, 4.1 Duty 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)

Resources available to ABA Section of Dispute Resolution Members

Arbitrator Disclosure: Ignorance Is Not Bliss (A Member Benefit Webinar)

Ethical Enterprise: Understanding the software license terms that impact your online privacy (A Member Benefit Webinar)

What does “competence” mean – and is it an ethical obligation? (On Professional Practice Feature from Dispute Resolution Magazine)

Ethical Dilemmas from Just Resolutions E-Newsletter

The Ethics Committee posed ethical dilemma in mediation and invited the readers to reply with their thoughts.  

Resources available to the public

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.