It is always both enlightening and amusing to read about the travails of “Bob,” the hypothetical attorney who appears regularly in the bimonthly ADR columns of Charles Forer in this space. Bob is always representing clients in ADR proceedings, is convinced that he is fully familiar with their procedures but invariably ends up with an unexpected disaster. As a result, in March we read that Bob had decided that he had made so many mistakes as an attorney that he “was going to be an arbitrator and let attorneys know when they mess up.”

Sure enough, Bob’s career as an arbitrator came to an abrupt end when his first award was vacated because Bob knew of and failed to disclose a material relationship that might create the impression of possible bias. The relationship: He and his fellow arbitrator were involved in an earlier arbitration involving a common party and a similar issue.

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