FAQ: Can an Attorney Practice Law and Mediate?
Yes. Attorneys can indeed practice law and mediate. They can also arbitrate while practicing law. It does take some extra work to maintain neutrality and avoid conflicts of interest, but we are already to have systems in place for checking conflicts, and clients have the option to waive them with Informed Consent. As a FINRA arbitrator, I have to update my profile regularly so those potential conflicts are disclosed automatically to parties who are considering me for a panel. We err on the side of disclosure, which also aligns well with my core values and practices I’ve had in my business since I started it.