READING ON MEDIATOR CONDUCT AND ETHICS

摘要

Sarah R. Cole, Craig A. McEwen, Nancy H. Rogers, James Coben, and Peter N. Thompson, Mediation: Law, Policy and Practice (West 2012), covering such topics as mediation ethics, disclosures, confidentiality, the role of the lawyer-mediator, conflicts of interest, mediation standards, and advertising; "Model Standards of Conduct for Mediators," Mediate.com (August 2005; bit.ly/1c1ahE3) (prepared in 1994 and revised in 2005, by the AAA, ABA's Section of Dispute Resolution, and ACR); CPR-Georgetown Commission on Ethics and Standards of Practice in ADR, "Principles for ADR Provider Organizations," CPR International Institute for Conflict Prevention and Resolution (2002; bit.ly/GzJUHF) (defining "ADR Provider Organization" as including managers and administrators of ADR services and processes who may also create rosters of neutrals (ADR "middle- men" rather than direct providers of ADR services), and including private, public and hybrid entities in the increasingly intertwined public/court and private systems of justice);Model Rules of Professional Conduct R. 2.4 (1983; bit.ly/1g0WpK5) (Lawyer Serving as Third-Party Neutral), adopted by many State bar associations;Thomas J. Stipanowich, Curtis E. von Kann, and Deborah Rothman, eds., "Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions," College of Commercial Arbitrators (2010; bit.ly/ GzFhhA)(including an appendix with bibliography and helpful sources);Kathleen Scanlon, Ethical and Policy Issues, in Mediator's Deskbook, (CPR Institute 1999) and CPR-Georgetown Commission on Ethics and Standards of Practice in ADR, "Model Rules for The Lawyer as Third-Party Neutral," (2002;bit.ly/15JoWwl).