Upstream, Downstream, and in between: Navigating the Muddy Waters of Neutrals' Bias and Conflict of Interest

Journal of Alternative Dispute Resolution in Employment, Vol. 1, No. 3, p. 4, Winter 1999

4 Pages Posted: 9 Sep 2011

Date Written: September 9, 2011

Abstract

In this short ethics essay, the author describes a bewildering alphabet soup of federal and state statutes, and ethical rules and standards (both public and private) which utterly fails to provide clarity regarding when arbitral decisions or mediated settlements might be subject to attack based on a neutral’s alleged bias or conflict of interest.

Keywords: mediation, ethics, conflict of interest, bias, justice, professional conduct, self-determination, neutrality, alternative dispute resolution, ADR

Suggested Citation

Coben, James Richard, Upstream, Downstream, and in between: Navigating the Muddy Waters of Neutrals' Bias and Conflict of Interest (September 9, 2011). Journal of Alternative Dispute Resolution in Employment, Vol. 1, No. 3, p. 4, Winter 1999, Available at SSRN: https://ssrn.com/abstract=1923976

James Richard Coben (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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