New Resource: ABA National Ethics Opinions Database
by Marnie Huff

Practicing mediators, advocates, and academics have a new treasury of ethics information: a searchable database with hundreds of public domain opinions on mediator ethics from ADR Commissions and similar bodies in 43 states. Opinions in the ABA National Clearinghouse for Mediator Ethics Opinions are catalogued by keyword, state, year, opinion type, and category. The “category” code is organized under the nine standards in the Revised Model Standards of Conduct for Mediators, adopted by the ABA, AAA and ACR in 2005. The database also contains short summaries of each opinion with a hyperlink to the original opinion or document issued by the state or national body, when available. The free database is available on the ABA web site at http://www.abanet.org/dispute/clearinghouse.html.

“This is an excellent new source of information that will help mediators learn from the past to chart a better future,” observed ABA Section of Dispute Resolution Chair Lela Love during the launch of the database. “It is an invaluable resource that will help mediators make smart choices in their practice.” ABA DR Section Ethics Committee member Tim Hedeen, who chaired the database subcommittee, noted the value of the clearinghouse to diverse audiences: “This website will prove to be a powerful tool for mediator preparation and practice. Many groups involved in dispute resolution—mediators, ethics review boards, educators and trainers, court ADR administrators and roster managers—should find value in this centralized resource.”

Having these opinions housed in one location, in a user-friendly database, enables all participants in mediations to quickly gain analysis of standards of conduct either nationally or by a specific state. In just minutes, a researcher can access guidance about confidentiality and other key issues that arise in mediation practice and in academic settings.

The ABA DR Section will maintain the database, periodically canvassing Section members, state offices, and professional organizations for recommended updates. It makes no representation that the database contains all opinions issued to date, and welcomes recommended additions to improve the comprehensive scope of this national clearinghouse resource.

At its monthly meetings beginning on May 12, the TAPM Civil Mediators Peer Group will share ideas on issues and trends presented in ethics opinions compiled in the ABA mediator ethics database. All TAPM members are welcome to participate. The Civil Mediators Peer Group generally gathers at the Lipscomb University Institute for Conflict Management on the second Tuesday of the month at 7:15 a.m. for coffee and networking, with the meeting starting at 7:30 a.m. Contact Marnie Huff at 615-812-5557 to make suggestions for future meetings.

Marnie Huff is the Civil Mediators Peer Group Meetings Chair and a founding member of TAPM. Her firm Margaret Huff Mediation offers mediation, arbitration, and workplace conflict management services. Marnie is a TN Supreme Court Rule 31 Listed General Civil Mediator, a member of the TBA DR Section Executive Council, and Chair of the American Bar Association Section of Dispute Resolution’s Ethics Committee.