California Courts of Appeal,
Alternative Dispute Resolution
Jun. 8, 2021
Ex parte communication leads to arbitrator’s disqualification
With rare exceptions, such as a need to discuss administrative matters, an ex parte communication between an arbitrator and attorney is unethical.
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
With rare exceptions, such as a need to discuss administrative matters, an ex parte communication between an arbitrator and attorney is unethical. Even when discussing administrative matters ex parte, the arbitrator must disclose the communication to the other side, and give an opportunity to respond, before a final decision is made. The obvious danger is that an ex parte communication may provide evidence or other information that will improperly influence the arbitr...
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