621—13.6(20) Conflict of interest.

1. 13.6(1)  Conflict of interest. The board shall determine whether a person has a conflict of interest which may require denial of an application or removal from the list or from individual assignments. A conflict of interest arises where:

   1. a. A mediator is or has been an employee or advocate for a party to the mediation within the prior two years; or
   2. b. A mediator’s immediate family member, or any other person with whom the mediator has close, personal ties, is an interested party in the outcome of the mediation; or
   3. c. Any other matter that may create an appearance of bias, lack of impartiality, or interest in the proceedings to which the mediator may be or has been assigned.
2. 13.6(2)  Duty to disclose. A person applying for inclusion on the list or a person included on the list has a continuing duty to disclose to the board in writing any potential or actual conflicts of interest as described in subrule 13.6(1).
3. 13.6(3)   Disclosure. The board may require a mediator to disclose certain matters to the parties of a mediation prior to its commencement. If either party objects to proceeding to mediation with that mediator, the board may assign a different mediator.

[ARC 1642C, IAB 10/1/14, effective 11/5/14]