Session 7- Online Viewing - Advanced Mediator Training 2017: ADR Neutrals’ Disclosures—Do They Meet Party Expectations and Are They Effective to Ensure Against Actual and Apparent Conflicts?

This recording of the highly interactive Advanced Attorney-Mediator Training:  The Good, The Bad, and The Uninformed was made on September 15, 2017 in Dallas, Texas.   

The viewing of this video has been approved for Texas MCLE ONLY at this time.  Viewers from other states may apply for self-study hours if this complies with their state requirements. 

Session 7: THIS SESSION IS 1.00 HOUR 

ADR Neutrals’ Disclosures—Do They Meet Party Expectations and Are They Effective to Ensure Against Actual and Apparent Conflicts?

            Linda Michler, Bethel Park, PA and Outer Banks, NC

            Daniel Yamshon, Sacramento, CA

There is little controversy that neutrals have a duty to disclose conflicts of interest.  However, there is not a consensus over how detailed disclosures should be, and at times, what actually constitutes a conflict of interest.  The spectrum of opinion ranges from minimal disclosure to disclosing anything that could create the perception of a conflict of interest.  Given this disparity, parties and counsel, particularly those who use different neutrals and providers for various cases, may not understand the ramifications of this inconsistency.  Does this affect the self-determination of the parties?  Should the extent of disclosure affect the choice of neutrals?  In some instances, it appears that mediation disclosures may be less extensive than those required of an arbitrator. This panel will touch on guidelines and requirements of the major ADR providers, professional organizations, and those jurisdictions with statutory or rule of court requirements.  This program will specifically raise the question of whether parties expect mediation disclosure to be as extensive as disclosure in arbitration and other party expectations.  The panelists will be soliciting questions and comments from attendees throughout the discussion.  The panel recognizes that AAM members bring important experience to these sessions and most have given a great deal of thought to the issue of disclosure; the attendants at the program will be a major resource for the discussion. 

(1.00 hours)