1977 Code of Ethics for Arbitrators: An Outside Perspective, The Symposium: Ethics in a World of Mandatory Arbitration

Abstract

If ADR is to remain a vibrant part of the judicial landscape, it is essential that efforts further shape ethical standards and guidelines, as well as their practical connotations. The framers of the United States Constitution were very careful to establish a public justice system comprised of judges and juries operating within a framework of standards and protections designed to assure justice and fairness while simultaneously promoting public confidence. We should give similar care to developing processes through which we purportedly intend to accomplish similar objectives in resolving disputes and controversies. At the very least, the private nature of these processes and the limited reviewability of such adjudicative results demand heightened scrutiny of ethical matters. However, in a nation that places a premium on individual freedom and encourages less formal means of dispute resolution, parties' choice of dispute resolution mechanisms deserves great respect.