Ensuring Fair and Impartial Decision-Making in Dispute Resolution

Alternative Dispute Resolution (ADR) is an excellent option for resolving disputes, as it allows for a quicker resolution with less expense than traditional litigation. This means that the investigator must collect evidence regardless of the parties' positions on the evidence. If a refusal to abide by an arbitration award occurs, it must be enforced in accordance with Part Ten, Dispute Arbitration, Section 56, Enforcement. The Complaints Committee may suggest to the plaintiff or respondent (or both) that they seek arbitration with more defendants or third-party defendants so that all related claims can be resolved through a single arbitration hearing.

Alternatively, at the request of either party, a request for arbitration may be amended to include additional relevant parties, or separate arbitration requests may be filed in which other parties are named. In the event that the State Association refuses to conduct the arbitration or delegate its authority to another regional board or compliance center, the parties are exempt from their obligation to arbitrate as established in article 17 of the Code of Ethics. Member boards will not require the respondent to deposit disputed funds with the Board in an arbitration matter before an arbitration hearing. An arbitrator or neutral evaluator who accepts a free appointment should not directly or indirectly seek compensation from the parties as a condition of continuing to provide ADR services in that matter.

The arbitrator or neutral evaluator should not recommend the services of certain professionals to assist parties and lawyers in the ADR procedure, unless all parties jointly request a recommendation and provided that, in recommending, the neutral party does not incur a conflict of interest. The policies and procedures established in the Code of Ethics and the Arbitration Manual of the National Association provide that parties and their witnesses participate in ethics and arbitration hearings either in person or virtually at the sole discretion of the association.