While courts have embraced the notion that arbitrators perform an essentially judicial function and so should enjoy protections similar to judges, mediators differ in that they have no decision-making authority. Whether mediation is the practice of law, such that the American Bar Association s Model Rules of Professional Conduct would apply to lawyers acting as mediators, remains subject to debate. The weight of opinion is that the Model Rules are a porr guide for lawyers serving either as neutrals or in representational roles in ADR, since they were not drafted with the ADR functions of lawyers in mind and do not take into account the special goals and values of ADR processes, particularly mediation. 3 See, e.g., Ethical Standards of Professional Responsibility promulgated by the Society of Professionals in Dispute Resolution, and Texas Ethical Guidelines and Standards of Practice for Impartial Third Parties. 4 See, e.g., Model Standards of Conduct for Mediators proposed by the American Bar Association, American Arbitration Association, and Society for Professionals in Dispute Resolution, and Florida Standards of Professional Conduct for Certified and Court-Appointed Mediators.
Possible sanctions range from oral admonishment to de-certification.
7 See, e.g., Cal. Civ. Rev. Stat. secs. Ill. Rev. Stat. Miss. Code Ann. Mont. Code Ann.