A DUTY TO MAINTAIN FAIRNESS AND INTEGRITY DURING ARBITRATION AND MEDIATION

§         An arbitrator/mediatorhas a duty to maintain high standards of conduct to help maintain the integrity of the mediation and arbitration processes. In addition to this most obvious requirement, they must also act in a fair manner to both parties involved in the action

§    Arbitrators and mediators must avoid the influence of outside pressure. This includes the very appearance of partiality toward one party or another

§    The arbitrator/mediator shall maintain an arbitration and mediation process that shall be conducive to rapid and fair resolution to the action at hand

§   The ethical obligations of an arbitrator/mediator begin upon acceptance of the appointment and continue throughout all stages of the proceeding

§    IAS arbitrators and mediators shall neither show partiality, nor be prejudiced by having acquired knowledge of customs and practices of the inspection industry, in general. To the contrary, because IAS arbitrators and mediators possess specific knowledge and expertise in the field of Home Inspections, business practice, commerce, and relevant technologies, they are in a unique position to help arbitrate and/or mediate amicable and fair settlements

§   Arbitrators retain the right, by virtue of experience and/or expertise, to develop opinions on certain issues which may arise at any time during the course of a proceeding. That notwithstanding, an arbitrator or mediator shall never prejudge any of the specific factual determinations which may be addressed during said proceedings. At any time, and for any reason determined in the arbitrator’s or mediator’s sole discretion, the arbitrator / mediator reserves the exclusive right to converse individually with any or all parties involved in the dispute, including commentary regarding evidence presented, make an interim or temporary ruling, explore arguments and contention, and otherwise control the process and proceedings

AVOIDING THE APPEARANCE OF IMPROPRIETY WHEN COMMUNICATION WITH THE PARTIES

§   An arbitrator should avoid impropriety or the appearance of impropriety in communicating with the parties

§   Communication is a key ingredient to any arbitration/mediation proceeding. As such, it is important for the arbitrator/mediator to conduct himself/herself in a manner, which avoids any appearance of improprietyincommunication with the parties

§   An arbitrator/mediator should not discuss a proceeding with any party in the absence of any other party, except as it may pertain to a question or clarification as to evidence which may be required or have been requested; or where the arbitrator may ask about the identities of witnesses, and the general nature of the case; or pertaining to any logistical matters, such as setting the time and methodology for the submission of evidence, etc.

§       Whenever the arbitrator/mediator receives any written communication concerning the case from one party, which has not already been sent to the opposing party, he/she may choose to send it, or order it to be sent to the opposing party

THE ARBITRATOR/MEDIATOR SHOULD BE FAITHFUL TO THE RELATIONSHIP OF TRUST AND CONFIDENTIALITY AS THEY PERTAIN TO FAIRNESS IN THE PROCEEDINGS.

§   The arbitrator/mediator is in a relationship of trust to the parties and should not, at any time, use confidential information acquired during the arbitration or mediation proceeding to gain personal advantage or advantage for any other party

§   The arbitrator should not inform anyone of any decision in advance of the time it is given to all parties

§    A mediator should not discuss settlement terms specific to a proceeding prior to the outcome of said proceeding

A DUTY TO DISCLOSE

§   An Arbitrator shall disclose any interest or relationship which is likely to affect their impartially or which may result in the appearance of bias or partiality

§   Persons who are performing the duties of arbitrator or mediator should disclose:

o   Any known existing or past financial, business, professional or personal relationships which might reasonably affectimpartiality or lack of independence in the eyes of any of the parties.

o   Any such relationships involving family or household members

o  The nature and extent of any prior knowledge they may have of the dispute

AN ARBITRATOR/MEDIATOR SHALL ALWAYS CONDUCT THE PROCEEDINGS FAIRLY AND DILIGENTLY

§   The arbitrator shall conduct the proceedings in a fair and calm manner. The arbitrator should be patient and courteous to the parties, and shall encourage similar conduct by all parties

§   The arbitrator should allow each party a fair opportunity to present its evidence and arguments

§   If a party fails to respond after due notice, the arbitrator may proceed with the arbitration at his/her sole discretion, and only after receiving assurance that timely and relevant notice had previously been provided to the non-respondent

§   When the arbitrator has determined that a need exits for more information prior to mediating or deciding an action, the arbitrator/mediator may ask questions of individuals, contact witnesses or subject matter experts, or request any other documents or data they feel is relevant to the matter at hand

THE ARBITRATOR/MEDIATOR SHOULD MAKE DECISIONS IN A JUST, INDEPENDENT AND DELIBERATE MANNER.

§   The arbitrator/mediator should, after careful deliberation, decide all issues submitted for determination. An arbitrator’s decision is limited to those issues presented, and those alone

§   An arbitrator/mediator should decide all matters justly, exercising independent judgment

§   In the event that all parties agree upon a settlement of issues in dispute, the arbitrator/mediator should state in the award that said award was made with mutual agreement of the parties