As amended through October 30, 2024
Impartiality and Conflicts of Interest(a) Impartiality. A mediator shall be impartial and shall 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 the mediator can no longer remain impartial. (b) Required Disclosures and Conflicts of Interest. (1)A mediator must 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 pecuniary 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, current stock or bond ownership other than mutual fund shares or appropriate trust 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 obliged 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 member of various other professional associations. Mediators should not be secretive about such friendships or acquaintances, but disclosure of these relationships is not necessary unless that relationship is one of those mentioned in this Standard or some feature of a particular relationship 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 must 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 or therapy to any party during the mediation process, and a mediator who is a lawyer shall not represent a party in any matter during the mediation. (5) All disclosures required by this Standard shall be made as soon as practicable after the mediator becomes aware of the interest or the relationship. (6) 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 should withdraw, irrespective of the expressed desires of the parties. (7) A mediator shall not use the mediation process to solicit any party to the mediation concerning future professional services, (8) A mediator must 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 a substantially related matter. Ala. Med. Ethics Code, III, STANDARD 5