Doing Well by Doing Good
United States and Canadian perspectives on ethical issues
Code of Professional Responsibility
Mediation During Arbitration: An Argument Against Donning Two Hats
The roles and duties of the arbitrator and the mediator are different in fundamental respects. The challenges of undertaking the two are presented, as is… Read More »Mediation During Arbitration: An Argument Against Donning Two Hats
Arbitration in a fishbowl: The ethics of disclosure 2. Careful Where You Step
Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the… Read More »Arbitration in a fishbowl: The ethics of disclosure 2. Careful Where You Step
Ethical boundaries between arbitrators and the parties
A discussion of the ethical responsibilities of arbitrators, including the duty to disclose any factor that a reasonable person might regard as material. Methods of… Read More »Ethical boundaries between arbitrators and the parties
Recent developments in professional ethics: Implications for arbitrators and advocates.
An examination of the ethics of arbitrators advertising their services, including employment arbitration and mediation; of furnishing training to solely one party; and of serving… Read More »Recent developments in professional ethics: Implications for arbitrators and advocates.
Report of the Committee on Professional Responsibility and Grievances concerning the Code Ban on Advertising
The report of the Committee on whether, as a matter of NAA policy, the current ban on advertising, contained in the Code of Professional Responsibility… Read More »Report of the Committee on Professional Responsibility and Grievances concerning the Code Ban on Advertising
Other people’s messes: The arbitrator as cleanup hitter
Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he… Read More »Other people’s messes: The arbitrator as cleanup hitter
Manual of procedures of the Committee on Professional Responsibility and Grievances for disciplinary procedures under Article IV, Section 2 of the by-law of the National Academy of Arbitrators
Procedures to be followed by the Academy’s Committee on Professional Responsibility and Grievances for considering or undertaking disciplinary actions.
Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong
Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an… Read More »Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong