Ark. ADR Comm'n Req. Conduct Mediation STANDARD 5

A. Impartiality. A mediator is expected to be impartial and advise all parties of any

circumstances that may result in possible bias, prejudice or impartiality on the part of the

mediator. Impartiality means freedom from favoritism or bias in work, action, and appearance.

Impartiality implies a commitment to aid all parties, as opposed to one or more specific parties,

in moving toward an agreement.

(1.) a mediator shall maintain impartiality while raising questions for the parties to

consider concerning the fairness, equity, and feasibility of proposed settlement options.

(2.) a mediator shall withdraw from mediation if the mediator believes he or she can no

longer remain impartial.

B. Required Disclosures and Conflicts of Interest.

(1.) A mediator shall disclose to the disputing parties the following:

(a.) any current or past representation of, or consulting relationship with, any

party or the attorney of any party involved in the mediation.

(b.) any monetary interest the mediator may have in common with any of the

parties or that may be affected by the outcome of the mediation process.

(c.) known potential conflicts, including membership on a board of directors, full

or part-time service as a representative or advocate, consultation work performed for a fee,

arrangements, or any other form of managerial, financial, or immediate family interest with

respect to a party involved. A mediator who is a member of a law firm is obligated to disclose

any representation of any of the disputing parties by the mediator’s firm or a member of that firm

of which the mediator is aware.

(d.) any close personal relationship or other circumstances, in addition to those

specifically mentioned in this Standard, that might reasonably raise a question as to the

mediator’s impartiality.

(2.) Mediators establish personal relationships with many representatives, attorneys,

other mediators, and members of various other professional associations. Mediators should not

be secretive about such friendships or acquaintances, but disclosure of these relationships is not

necessary unless the relationship is one of those mentioned in this Standard or some feature of a

particular relationship which might reasonably appear to impair impartiality.

(3.) Prior service as a mediator in a mediation involving a party or an attorney for a party

does not constitute representation of the party or consultation work for the party. However,

mediators are strongly encouraged to disclose such prior relationships. Mediators are expected to

disclose any ongoing relationship with a party or an attorney for a party involved in a mediation,

including membership on a panel of persons providing mediation, arbitration, or other alternative

dispute resolution services to that party or attorney.

(4.) A mediator shall not provide counseling, therapy, or give legal advice to any party

during the mediation process

(5.) A mediator who is a lawyer shall not represent a party involved in the mediation or

any case related to the mediation.

(6.) All disclosures required by this Standard shall be made as soon as practical after the

mediator becomes aware of the interest or the relationship.

(7.) The burden of disclosure rests on the mediator and continues throughout the

mediation process. After appropriate disclosure, the mediator may mediate the dispute if all

parties to the mediation agree to the mediator’s participation and that agreement is reduced to

writing. If the mediator believes that the relationship or interest would affect the mediator’s

impartiality, he or she shall withdraw, irrespective of the expressed desires of the parties.

(8.) A mediator shall not use the mediation process to solicit any party to the mediation

concerning future professional services.

(9.) A mediator shall avoid the appearance of a conflict of interest both during and after

the mediation. Without the consent of all parties, a mediator shall not subsequently establish a

professional relationship with one of the parties in the same or a substantially related matter