October 10, 2018

ADR Ethics Resources

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)

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.

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

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.

 

Ethical Dilemmas from Just Resolutions E-Newsletter

Every other month, the Ethics Committee or a guest columnist poses an ethical dilemma in mediation and invites the readers to reply with their thoughts.  Below are the dilemmas and answers to date.

The Judge Beckons 
The Unrepresented Tenant
The Unprepared Lawyer
The Distraught Wife
The Mikado Club VIP
To Disclose or Not to Disclose
The Sleazy Attorney
The Comic Book Caper
How Well Can You Write?
The Uncooperative Client
To Bully or Not to Bully
Issues of Due Process
2011 Cyberweek Dilemma
Process Advice
One Small Problem
2012 Cyberweek Dilemma
Mandatory, Court-Connected Mediation Program
Likability