ABA Task Force on Improving Mediation Quality

The ABA Task Force on Improving Mediation Quality issued its final report in 2008.  It addresses a number of issues, including preparation for mediation, case by case customization, analytical techniques by mediators, and mediator persistence, from the perspective of sophisticated clients who are represented by attorneys in mediations.  The ABA web site has a copy of the Final Report on Improving Mediation Quality.

Dispute Resolution Standards and Policies

The ABA web site includes information on dispute resolution policies and standards adopted by the ABA and the ABA Dispute Resolution Section.  It includes a summary of ABA policies related to dispute resolution, a legislative updateand information on:
  • Mediator Standards.  Model Standards of Conduct for Mediators (approved by ABA on August 9, 2005)
  • E-Commerce/ODR.  E-Commerce and ADR information, including Recommended Best Practices for Online Dispute Resolution Service Providers, a consumer's guide, and a Final Report adopted in 2002
  • UPL.  ABA Section of Dispute Resolution's Resolution on Mediation and the Unauthorized Practice of Law (adopted by the Section on February 2, 2002)
  • Good Faith.  Resolution on Good Faith Requirements for Mediators and Mediation Advocates in Court-Mandated Mediation Programs (approved ABA Section of Dispute Resolution Section Council on August 7, 2004)
  • Commercial Arbitration Ethics.  Code of Ethics for Commercial Arbitrators (approved by ABA on February 9, 2004)
  • Ombuds.  Standards for the Establishment and Operation of Ombuds Offices (approved by ABA on August 7, 2001)
  • RUAA.  Revised Uniform Arbitration Act (approved by ABA in February 2001)
  • RUMA.  Revised Uniform Mediation Act (update drafted by the National Conference of Commissioners on Uniform State Laws and the ABA Section of Dispute Resolution and approved by ABA in February 2002)
  • Attorney Ethics Rules Related to ADR.  ABA "Ethics 2000 Commission" proposals adopted by ABA in 2002 include rules on recognition of neutral role for lawyers, Rule 2.4; conflicts of interest for lawyer-neutrals, Rule 1.12; duty of candor in mediations and arbitrations, Rules 3.3, 4.1; lawyers’ duty to advise clients of ADR options in resolving disputes, Rule 2.1, Comment 5. 

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