ORDER PROMULGATING AMENDMENTS TO THE RULES OF NO-FAULT INSURANCE ARBITRATION
S. GILDEA CHIEF JUSTICE.
Minnesota Supreme Court No-Fault Standing Committee on the
Rules of No-Fault Insurance Arbitration has recommended
amendments to the Standards of Conduct for No-Fault
Arbitrators. The court opened a public comment period on the
proposed amendments to the Standards of Conduct. No comments
court is responsible for promulgating rules to facilitate the
use of arbitration for claims that fall under Minn. Stat.
§ 65B.52S (2016). The proposed amendments, which will
include the Standards of Conduct as an appendix to the rules,
will provide guidance for arbitrators and parties and promote
a fair, neutral, and impartial panel of arbitrators.
on the all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that the Standards of Conduct for Minnesota
No-Fault Arbitrators, as shown in the attachment to this
order, are effective January 1, 2018. The standards shall be
published as an appendix to the No-Fault, Comprehensive, or
Collision Damage Automobile Insurance Arbitration Rules.
NO-FAULT, COMPREHENSIVE, OR COLLISION DAMAGE AUTOMOBILE
INSURANCE ARBITRATION RULES
of Conduct Minnesota No-Fault Arbitrators
Arbitrators, like judges, have the power to decide cases.
Therefore, arbitrators undertake serious responsibilities to
the public, as well as to the parties. In order for the
system to succeed, the public must have the utmost confidence
in the arbitration process and the arbitrators who serve on
the No-Fault Panel. To this end, these Standards of Conduct
for Minnesota No-Fault Arbitrators have been established by
the No-Fault Standing Committee. The purpose of these
Standards is to provide guidance in order to promote a fair,
neutral, and impartial panel of arbitrators.
Integrity and Fairness
arbitrator shall at all times act in a
manner that promotes public confidence in the integrity and
impartiality of the arbitration process.
arbitrator has a responsibility not only to the parties but
also to die process of arbitration itself, and must observe
high standards of conduct so that the integrity and fairness
of the process will be preserved. Accordingly, an arbitrator
should recognize a responsibility to the public, to
the parties whose rights will be decided, and to all other
participants in the proceedings.
Arbitrators shall conduct themselves in a way that is fair to
all parties and should not be swayed by outside pressure,
public clamor, fear of criticism, or self-interest.
Arbitrators shall avoid conduct and statements which give the
appearance of partiality.
arbitrator shall conduct the arbitration
process in a manner which advances the fair and efficient
resolution of the matters submitted for decision. An
arbitrator shall make all reasonable efforts to prevent
delaying tactics, harassment of parties or other
participants, or other abuse or disruption of the arbitration
arbitrator who withdraws prior the completion of the
arbitration, whether upon the arbitrator's initiative or
upon die request of one or more of die parties, shall take
reasonable steps to protect die interests of die parties in
die arbitration, including return or destruction of
evidentiary materials and die protection of confidentiality.
arbitrator shall make a full and complete disclosure of any
interests or relationships pursuant to Rule 10.
arbitrator shall make all disclosures as required under Rule
obligation to disclose interests or relationships described
in paragraph A is a continuing duty which requires the
arbitrator to disclose, as soon as practicable, at any stage
of the arbitration, any such interests or relationships which
may arise, or which are called to the arbitrator's
attention, or discovered.
doubts as to whether or not disclosure should be made shall
be resolved in favor of disclosure.
arbitrator shall avoid impropriety or even the appearance of
impropriety in communicating with parties.
arbitrator shall not discuss a proceeding with any party or
attorney in the absence of any other party or attorney.
arbitrator shall not have any direct communication other than
what is prescribed in Rule 21.
C. If a
party or attorney attempts to communicate directly with the
arbitrator, the arbitrator shall ...