Section 1208 - Standards of Conduct for NeutralsAny Neutral participating in mediation or arbitration pursuant to these regulations shall comply in good faith with these standards. A Neutral shall indicate compliance on the Neutral's résumé by appending the Neutral's signature on the sentence "I agree to comply with the California statutes and regulations governing ADR, including Government Code Sections 11420.10 through 11420.30 and regulations 1 CCR 1200 et seq. (Title 1, Division 2, Chapter 3)."
(a) Qualifications of a Neutral. Neutrals shall adhere to the highest standards of integrity, impartiality, and professional competence in rendering their professional service. (1) Impartiality & Full Disclosure. A Neutral shall maintain impartiality toward all parties. Impartiality means freedom from favoritism or bias either by word or by action, and a commitment to serve equally the interests of all participants. No person shall serve as a Neutral in any dispute in which that person, that person's spouse, or immediate family has any financial or personal interest in the result of the mediation or arbitration, except by written consent of all parties. Upon accepting an appointment, the prospective Neutral shall disclose in writing any circumstance likely to create an appearance or presumption of bias or prevent a prompt meeting with the parties.(2) Competence. A Neutral shall decline appointment, withdraw, or request technical assistance when the Neutral decides that a case is beyond the Neutral's competence. A Neutral shall maintain professional competence in mediation and/or arbitration skills including at a minimum: (A) staying informed of and abiding by laws and regulations relevant to the practice of mediation and/or arbitration;(B) regularly engaging in educational activities promoting professional growth. Nothing in this section shall replace, eliminate, or render inapplicable relevant ethical standards, not in conflict with these rules, which may be imposed upon any Neutral by virtue of the Neutral's professional license or association.
(b) Responsibilities of a Neutral. A Neutral shall be truthful in advertising and soliciting ADR services. A Neutral shall make only accurate statements about the mediation and/or arbitration process, its costs and benefits, and the Neutral's qualifications. A Neutral shall be candid, accurate, and fully responsive concerning the Neutral's qualifications, availability, and all other pertinent matters. Upon request, a Neutral shall disclose the extent and nature of the Neutral's training and experience.(c) Fees. A written agreement regarding payment of mediation or arbitration fees and related costs shall be entered into by the mediator and the parties before commencement of the mediation or arbitration. Parties shall share fees and costs equally unless they agree otherwise. When setting fees, the Neutral shall ensure that they are explicit, fair, and commensurate with the service to be performed. The Neutral shall maintain adequate records to support charges for services and expenses and shall make an accounting to the parties upon request. A Neutral shall not charge contingent fees or base fees upon the outcome of the mediation or arbitration.Cal. Code Regs. Tit. 1, § 1208
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25). Note: Authority cited: Section 11420.20, Government Code. Reference: Sections 11420.10 and 11420.20, Government Code.
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).