ABA Committee to give mediators ethics feedback

According to its mission statement, “[t]he ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance has been established to provide 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).” According to its mission statement, “[t]he ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance has been established to provide 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 Committee may accept an inquiry on mediation ethics from ABA and non-ABA members alike as well as from an organization. Also, it can consider an issue on its own initiative. According to the website, the Committee includes ADR practitioners, academics and leading ADR ethical experts from the public and private sectors. I must say, I’m a bit miffed for not being asked to serve; however, I take comfort in the probability that that tireless proponent of mediator ethics, Georgia’s own Wayne Thorpe, will have something to do with this thereby assuaging some of my reservations about such a project.

Like the ABA’s Model Rules of Professional Conduct, it is the adopting state’s version, interpretation, and application that really matters; however, it will be interesting to see how the ABA Committee’s opinions will influence state practice. Georgia’s Commission on Dispute Resolution has handled quite a number of cases so far, applying its standards, which differ somewhat from the 2005 ABA Standards. Note that the ABA Committee may draw on other sources of authority, such as opinions or other guidance issued by state ethics authorities, like Georgia’s.