A court may send all or most of its cases to one program if it has a contract with that program under Rule 4. Approved programs are required to undergo regular monitoring and evaluation, to develop and comply with written policies and procedures, to assemble and update rosters of neutrals through fair processes, and to orient and supervise neutrals. Programs may charge fees approved by the Chief Justice of the Trial Court department. If there is a conflict between the Ethical Standards and the Rules of Professional Responsibility, the Rules of Professional Responsibility control. Some of the provisions of the Ethical Standards apply to mediation and other consensual conflict resolution processes and not to arbitration.
Impartiality means freedom from favoritism or bias in conduct and appearance.
A neutral must be impartial regarding the parties and the subject matter. If a neutral cannot be impartial at any point in the process, he or she must withdraw even if the parties do not object. The neutral must make all reasonable efforts to help each party understand the process and the agreement and to ensure that each party consents to any agreement. If the neutral thinks a party is unable to participate effectively, the neutral should limit the scope of the process or end it. A neutral should tell a party if the neutral believes the party needs the assistance of a lawyer or other expert information or advice in order to reach an informed agreement.