Arbitration & Mediation

An Ethical Dilemma?

By Christopher Annunziata

I had a mediation today that concerned home repairs and renovations. While I was trying to establish rapport, I revealed to one party in caucus that my garage door opener motor had recently gone kaput and I needed to replace it. The party immediately offered, “I know a great guy who does installations, you should give him a call.” For a split second, I thought about saying, “Sure, give me his number.” I thought better of that and politely declined.

On further reflection, would this have been so terrible? Would it have been so unethical to accept his expert recommendation? I could see how it might appear that I was violating my role as neutral by forging an apparent business relationship with that party. When the roles have been reversed and parties have asked if I could refer them to competent counsel, I’ve explained that I could not.

The part of me who does not want to spend 7 hours in the garage cursing at instructions translated from the original Chinese by a computer program sees it much differently.
UPDATE: It seems my words were prophetic!  It actually took me 7 hours to install the new garage door opener.  Good thing I had a cancellation and an entire day to get it done.

Full post as published by CKA Mediation and Arbitration Services Blog on April 14, 2008 (boomark / email).