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Professional Development > ACR Trainers Resource Project > Mediation Case Scenarios > Scenario: Conflict of Interest

ACR Trainers Resource Project

Mediation Case Scenarios:
Avoiding Conflict of Interest

Avoiding Conflict of Interest

Case Scenario 28

  • Ethics Issue: Conflict of Interest
  • Type of Case Mediated: Not Specified
  • Length: 160 words
  • Author: Charles Pou, chipbloc@aol.com

You have been involved in a complex, multi-party case for about 9 months. One day a representative of one of the major parties mentions, while walking in with you from the parking lot, that his company expects to be hiring in about 12 months to fill an ADR-related position that you would love to have. No offer of employment or other special treatment is mentioned, but before you can think it through you have asked about some of the details of the position in a way that might be taken as showing an interest. You expect the mediation to be concluded within 6 months, well before the company would begin its formal solicitations.

What would you do? Would it make any difference if:

(1) The company representative encouraged you to file an application for the position?

(2) The company is located out-of-state?

(3) You chastise the company and mention it to all parties? Could you apply for the job later?

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