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  

James Richard Coben

Hamline University School of Law

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)

Hamline University School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

HOME PAGE: http://law.hamline.edu/james-coben.html

Paper statistics

Downloads
33
Abstract Views
460