ABA Dispute Resolution Ethics Resource

The following is a dispute resolution ethics resource listing the rules, guidelines and some ethical dilemmas for you to read over and decide how you would handle the situation.

Enjoy (and hat tip to Maria Volpe, CUNY John Jay)

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

    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. To submit an inquiry please click on the following link. http://www.abanet.org/dispute/documents/IntakeFormFINAL.doc

    To Read the Advisory Opinions Issued by the Committee Click Here

    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. Click Here For A Listing Of Committee Leadership

    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 ABA Center for Professional Responsibility
    The ABA Center for Professional Responsibility provides national leadership and guidance to the profession and the judiciary by developing, interpreting and promoting the implementation of policies and standards for the conduct and regulation of lawyers and judges and by producing scholarly and other resources. Resources include: Model Rules of Professional Conduct; ABA Formal Ethics Opinions; ETHICSearch Research Service; Disciplinary Agencies; ABA Section Ethics Resources and State Resources

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