Ethical Rules of Mediation and Arbitration Adopted by Daniel Bent
Dan Bent adheres to the "Ethical Standards of Professional
Responsibility" adopted by Association for Conflict
Resolution (ACR - formerly SPIDR). Those standards are to promote the
resolution of disputes. We believe that resolving disputes through negotiation, mediation,
arbitration and other neutral interventions can be of great benefit to
disputing parties and to society. The ethical standards, adopted
in 1986, are to promote among those adhering to these standards ethical conduct and a high level of competency, including
honesty, integrity, impartiality and the exercise of good judgment in
their dispute resolution efforts. It is hoped that these standards also
will help to (1) define the profession of dispute resolution, (2)
educate the public, and (3) inform users of dispute resolution services.
It is recognized that SPIDR Members and Associates resolve disputes in various sectors within the disciplines of dispute resolution and have their own codes of professional conduct. These standards have been developed as general guidelines of practice for neutral disciplines represented in the SPIDR membership. Ethical considerations relevant to some, but not to all, of these disciplines are not covered by these standards.
Neutrals have a duty to the parties, to the professions, and to themselves. They should be honest and unbiased, act in good faith, be diligent, and not seek to advance their own interests at the expense of their parties'.Neutrals must act fairly in dealing with the parties, have no personal interest in the terms of the settlement, show no bias towards individuals and institutions involved in the dispute, be reasonably available as requested by the parties, and be certain that the parties are informed of the process in which they are involved.
RESPONSIBILITIES TO THE PARTIES:
1. Impartiality. The neutral must
maintain impartiality toward all parties. Impartiality means freedom
from favoritism or bias either by word or by action, and a commitment to
serve all parties as opposed to a single party.
The neutral must consider circumstances where interests are not represented in the process. The neutral has an obligation, where in his or her judgment the needs of parties dictate, to assure that such interests have been considered by the principal parties.
USE OF MULTIPLE PROCEDURES:
The use of more than one dispute resolution procedure by the same neutral involves additional responsibilities. Where the use of more than one procedure is initially contemplated, the neutral must take care at the outset to advise the parties of the nature of the procedures and the consequences of revealing information during any one procedure which the neutral may later use for decision making or share with another decision maker. Where the use of more than one procedure is contemplated after the initiation of the dispute resolution process, the neutral must explain the consequences and afford the parties an opportunity to select another neutral for the subsequent procedures. It is also incumbent upon the neutral to advise the parties of the transition from one dispute resolution process to another.
BACKGROUND AND QUALIFICATIONS:
A neutral should accept responsibility only in cases where the neutral has sufficient knowledge regarding the appropriate process and subject matter to be effective. A neutral has a responsibility to maintain and improve his or her professional skills.
DISCLOSURE OF FEES:
It is the duty of the neutral to explain to the parties at the outset of the process the basis of compensation, fees, and charges, if any.
SUPPORT OF THE PROFESSION:
The experienced neutral should participate in the
development of new practitioners in the field and engage in efforts to
educate the public about the value and use of neutral dispute resolution
procedures. The neutral should provide pro bono services, where
In the event that more than one neutral is involved in the resolution of a dispute, each has an obligation to inform the others regarding his or her entry in the case. Neutrals working with the same parties should maintain an open and professional relationship with each other.
ADVERTISING AND SOLICITATION:
A neutral must be aware that some forms of advertising and solicitations are inappropriate and in some conflict resolution disciplines, such as labor arbitration, are impermissible. All advertising must honestly represent the services to be rendered. No claims of specific results or promises which imply favor of one side over another for the purpose of obtaining business should be made. No commissions, rebates, or other similar forms of remuneration should be given or received by a neutral for the referral of clients.
The foregoing are the Ethical Standards of Professional Responsibility of the Association for Conflict Resolution (formerly the Society of Professionals in Dispute Resolution - SPIDR).
Also, as a member of Hawaii's Dispute Prevention and Resolution, Inc.'s Distinguished Panel of Neutrals, Dan follows the "Mediation and Arbitration Rules, Procedures & Protocols of Dispute Prevention & Resolution, Inc." (1995) and the "Standards for Private and Public Mediators in the State of Hawaii" (1986) developed by the Hawaii Judiciary's Program on Alternative Dispute Resolution. Which can be found at: http://www.state.hi.us/jud/adrstds.htm .
Dan Bent handles his own scheduling calendar. He can be reached at 808/548-0080, by fax at 808/524-2798 or Email at DanBent@FairMediation.com. His mailing address is: Dan Bent, Dispute Prevention and Resolution, Inc., Suite 1155 Pauahi Tower, 1001 Bishop St., Honolulu, Hawaii 96813. His case administration and billing is managed by the user-friendly staff of Dispute Prevention and Resolution, Inc.