Ethical Issues Arbitration

Arbitrators are guided by one or more codes of ethics developed by leading arbitration associations. The Code of Ethics for Arbitrators in Commercial Disputes was developed jointly by the American Arbitration Association (AAA) and the American Bar Association. There is a separate but similar code of ethics for labor arbitrators that was developed by the AAA, the Federal Mediation and Conciliation Service, and the National Academy of Arbitrators, which is a private group of about 600 of the nation's top labor arbitrators.

The commercial code of ethics requires that arbitrators first "uphold the integrity and fairness of the arbitration process" (Coulson 1985, 196). This means that they must be neutral and impartial and should avoid any actions that suggest that they are not. They must not be swayed by outside pressure, by fear of criticism, or by self-interest. Further, the code states that they should prevent delaying tactics, harassment of parties, or other "abuses or disruption" of the arbitration process. They are required to make their decisions "in a just, independent, and deliberate manner" (Coulson 1985, 199). The code also states that arbitrators should maintain the confidentiality of information given to them.

The code of ethics for labor arbitrators is similar. It sets out the qualifications necessary for labor arbitrators and their responsibilities, which include neutrality and impartiality, confidentiality, and avoidance of delay, just as the commercial code requires. Other items in the labor arbitration code include determination of fees, responsibilities to administrative agencies, and methods for conducting hearings and issuing decisions (Leap 1995).