As amended through November 4, 2024
Section 9 - Standards of Professional Conduct for Rule 31 Mediators(a) Rule 31 Mediators shall avoid the appearance of impropriety.(b) Rule 31 Mediators shall comply with all rules and procedures promulgated by the Tennessee Supreme Court regarding qualifications, compensation, and participation in Rule 31 Mediations, including but not limited to the Standards of Professional Conduct for Covered Neutrals attached as Appendix A hereto. Under Tenn. Sup. Ct. R. 8, RPC 2.4(c)(9), violation of any of these rules and procedures by any Rule 31 Mediator who is an attorney constitutes a violation of the Rules of Professional Conduct.(c) The Standards of Professional Conduct for Covered Neutrals attached as Appendix A are incorporated into this Rule.(d) Ethics Advisory Opinion Committee(1) The Ethics Advisory Opinion Committee ("the Committee") shall provide written advisory opinions to Rule 31 Mediators and alternative dispute resolution organizations in response to ethical questions arising from Rule 31 and the Standards of Professional Conduct for Covered Neutrals.(2) The Ethics Advisory Opinion Committee shall be composed of three members of the ADRC, one from each Grand Division, appointed on a rotating basis by the Chair of the ADRC when a request for an opinion is received and reviewed by the Programs Manager. The Chair may also appoint a committee, from time to time, to issue advisory opinions regarding issues of concern to the Commission.(3) All requests for advisory opinions shall be in writing and shall be submitted to the Programs Manager.(4) The Committee shall meet in person or by telephone conference as necessary to consider the request for an advisory opinion. Upon due deliberation, and upon the concurrence of a majority of the Committee, the Committee shall issue an opinion. The opinion shall be signed by each member of the Committee and filed with the Programs Manager. The opinion shall be made available to the public through the AOC website, the ADR News, and upon written requestto the Programs Manager.(5) Prior to publication, all identifying references to the requesting Rule 31 Mediator or the names of any persons, firms, organizations, or corporations shall be deleted from any request for an opinion, any document associated with the preparation of an opinion, and any opinion issued by the Committee.(6) Reliance by a Rule 31 Mediator on an opinion of the Committee shall not constitute a defense in any disciplinary proceeding; such reliance, however, shall be evidence of good faith and may be considered by the ADRC in relation to any determination of guilt or in mitigation of punishment. If the requesting Rule 31 Mediator later is brought before the Grievance Committee on allegations of misconduct in the same mediation for which the Rule 31 Mediator requested and received an opinion, the ADRC members who served on the Ethics Advisory Opinion Committee shall be precluded from participating in the grievance procedure.