An article by Commercial Litigation partner John Sherrill was published in the December 2011 edition of the Georgia Bar Journal. In the article, John outlines the ethical regulations—both on a federal level and confined to the state of Georgia—that apply to those participating in arbitration proceedings.

According to John, many businesses are turning to alternative dispute resolution (ADR) procedures to resolve disputes, as federal and state court litigation can be costly and time consuming. Of the various ADR methods, John explains that mediation is the preferred method, for reasons including “the relative finality of the result in arbitration, the higher level of confidentiality involved [and] the ability to select qualified neutral arbitrators.”

John details the regulations given in the Federal Arbitration Act and the Georgia Arbitration Code; rules from the most common administering agencies, the American Arbitration Association and JAMS; and highlights from the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes and applicable guidelines from the Georgia Rules of Professional Conduct.

“Arbitrators must take primary responsibility for policing ethical violations that could affect the fairness of arbitration proceedings,” John emphasizes. “In short, the great discretion that arbitrators have over the process necessarily includes an obligation to promote ethical, professional conduct by parties and their counsel. This is a heavy responsibility that cannot be taken lightly by those of us who serve as arbitrators. The very integrity of the arbitration process depends upon the arbitrator’s willingness, power and ability to keep the process fair and civil.”