Ethics

Ethical ADR

The following is from the Rules of Professional Conduct of the Law Society of Upper Canada governing lawyers in Ontario:

 

Rule 2 2.02 Quality of Service

(3) The lawyer shall consider the use of alternative dispute resolution (ADR) for every dispute, and, if appropriate, the lawyer shall inform the client of ADR options and, if so instructed, take steps to pursue those options.

 

The following is from the Canadian Bar Association’s Code of Professional Conduct, Part 9, The Lawyer as Advocate:

Encouraging Settlements and Alternative Dispute
Resolution
8. Whenever the case can be settled reasonably, the lawyer
should advise and encourage the client to do so rather than
commence or continue legal proceedings. The lawyer should
consider the use of alternative dispute resolution (ADR) for
every dispute and, if appropriate, the lawyer should inform the
client of the ADR options and, if so instructed, take steps to
pursue those options.

 

The following is the Code of Ethics of the ADR Institute of Canada:

ADR INSTITUTE

Code of Ethics

This code is applicable to all members of the Institute in their capacity as arbitrators and mediators generally and in their undertaking of an arbitration or mediation appointment specifically.

  1. A Member shall uphold and abide by the Rules of Conduct, regulations and other professional requirements adopted by the Institute.
  2. A Member shall not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a member of the Institute.
  3. A Member shall uphold the integrity and fairness of the arbitration and mediation processes.
  4. A Member shall ensure that the parties involved in an arbitration or mediation are fairly informed and have an adequate understanding of the procedural aspects of the process and of their obligations to pay for services rendered.
  5. A Member shall satisfy him/herself that he/she is qualified to undertake and complete an appointment in a professional manner.
  6. A Member shall disclose any interest or relationship likely to affect impartiality or which might create an appearance of partiality or bias.
  7. A Member, in communicating with the parties, shall avoid impropriety or the appearance of impropriety.
  8. A Member shall conduct all proceedings fairly and diligently, exhibiting independence and impartiality.
  9. A Member shall be faithful to the relationship of trust and confidentiality inherent in the office of arbitrator or mediator.
  10. A Member shall conduct all proceedings related to the resolution of a dispute in accordance with applicable law.

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Murray H. Miskin Ontario Canada Lawyer since 1981 International Arbitrator, Mediator, Educator