As amended through November 4, 2024
(a) Impartiality. A Neutral shall be impartial and advise all parties of any circumstances bearing on possible bias, prejudice, or impartiality. Impartiality means freedom from favoritism or bias in word, action, and appearance. Impartiality implies a commitment to aid all parties, as opposed to an individual party conducting ADR Proceedings.(1) A Neutral shall maintain impartiality while raising questions for the parties to consider as to the reality, fairness, equity, and feasibility of proposed options for settlement.(2) A Neutral shall withdraw from the ADR Proceeding if the Neutral believes that he or she can no longer be impartial.(3) A Neutral shall not give or accept a gift, request, favor, loan, or any other item of value to or from a party, attorney, or any other person involved in and arising from any ADR Proceeding.(b) Conflicts of Interest and Relationships; Required Disclosures; Prohibitions.(1) A Neutral must disclose any current, past, or possible future representation or consulting relationship with any party or attorney involved in the ADR Proceeding. Disclosure must also be made of any pertinent pecuniary interest. Such disclosures shall be made as soon as practical after the Neutral becomes aware of the interest or the relationship.(2) A Neutral must disclose to the parties or to the Court involved any close personal relationship or other circumstance, in addition to those specifically mentioned earlier in these standards, which might reasonably raise a question as to the Neutral's impartiality. All such disclosures shall be made as soon as practical after the Neutral becomes aware of his or her candidacy as a Neutral in a given proceeding or becomes aware of the interest or the relationship.(3) The burden of disclosure rests on the Neutral. After appropriate disclosure, the Neutral may serve if all parties so desire. If the Neutral believes or perceives that there is a clear conflict of interest, he or she should withdraw, irrespective of the expressed desires of the parties.(4) A Neutral shall not provide counseling or therapy to either party during the dispute resolution process, nor shall a Neutral who is a lawyer represent any party in any matter during the dispute resolution proceeding.(5) A Neutral shall not use the dispute resolution process to solicit, encourage, or otherwise incur future professional services with either party.(6) A Neutral shall refrain from the appearance of serving as a legal advocate for one or both parties to an ADR Proceeding. A Neutral shall explain to the parties to the ADR Proceeding that the Neutral is not the advocate for either party nor is the Neutral the advocate for both parties.