What Will You Learn

This program moves beyond rule recitation to examine how ethical judgment operates in high-discretion arbitration settings. Attendees will learn to distinguish actual bias from the appearance of impartiality, understand how disclosure obligations are evaluated by parties, institutions, and courts, and recognize how a neutral’s procedural decisions shape perceptions of fairness and legitimacy.

What Will You Gain

Attorneys will leave with a sharper strategic lens for assessing neutrals, advising clients on forum selection, and addressing disclosure concerns before they escalate. The program also builds practical awareness of the modern pressures on neutral independence — repeat appointments, institutional expectations, and professional visibility — and how those dynamics directly affect client outcomes and confidence in the arbitral process.

Presented by the Federal Bar Association’s Alternative Dispute Resolution Section Co-sponsored by the American Inns of Court

Key topics to be discussed:

• Ethical Judgment Beyond the Rules
  Define the role of ethical judgment in high-discretion ADR settings and explain how it sustains confidence in the arbitral process beyond formal rule compliance.
• Bias vs. Appearance: The Disclosure Standard
  Differentiate actual bias from the appearance of impartiality and assess how disclosure obligations are evaluated by parties, institutions, and reviewing courts.
• Procedural Conduct and the Perception of Fairness
  Examine how a neutral’s procedural decisions—including case management, communication style, and exercise of authority—affect perceptions of fairness and legitimacy.
• Advising Clients on Neutrals and Forum Selection
  Evaluate how advocates assess neutrals and advise clients regarding forum selection, disclosure concerns, and confidence in the tribunal.
• Modern Pressures on Neutral Independence
  Analyze contemporary pressures on neutrals—such as repeat appointments, professional visibility, and institutional expectations—and their impact on ethical independence.

Date / Time: April 15, 2026

• 2:00 pm – 3:00 pm Eastern
• 1:00 pm – 2:00 pm Central
• 12:00 pm – 1:00 pm Mountain
• 11:00 am – 12:00 pm Pacific

Closed-captioning available