ADR430 Ethics and Neutrality

Lead Faculty: Dr. Jack B. Hamlin

Course Description

This course explores the behavior of mediators, arbitrators and other neutrals to avoid conflicts of interest and perceived partiality. Through case study and role playing the participant will learn appropriate behavior that improves the quality of the process, enhances competency and promotes acceptance of and confidence in ADR processes. Students will be introduced to topics such as how to remain impartial during a mediation, avoiding conflicts of interest, quality of the process, competency, confidentiality and promoting public confidence in the mediation process.

Learning Outcomes

  • Understand the neutral's varied ADR functions.
  • Recognize the ethical dilemmas facing the neutral.
  • Demonstrate through analytical problem solving the ability to remedy conflicts of interest as they present themselves.
  • Understand how disputants can be pressured or coerced into participating in a mediation.
  • Know the difference between mediation and the practice of law.
  • Recognize what course of action needs to be taken if a conflict of interest arises during a mediation.
  • Explain the reasons for the regulation of mediation.
  • Describe the legal and ethical dilemmas posed by mandatory mediation.