Is this a case where each side picks one arbitrator and then those two
pick the third? If so, you're probably ok to give your opinion since
each party picked arbitrator is presumed to favor that side. If it is
picking 3 for a panel, I would recuse yourself from the list at this
point, as you've had some level of ex-parte contact with one party (and
you have a relationship with one of the attorneys). Once you've done
so, you're free to give your recommendations.



Lee Jay Berman wrote:
> Clients ask me all the time about mediators and arbitrators on a list. I'm
with the AAA, so lawyers who know me call frequently to ask if I can help them
rank or strike thier arbitrators, or to give them insight into opposing
counsel's list of proposed mediators.
>
> Today, I received an email with such a list for an arbitration - 15 names to
empannel three arbitrators. To my surprise, I was ON the list. Part of me
really wants to help this guy out, but... can I? What do you think?
>
> Lee Jay Berman
> Los Angeles, CA, USA
>
>
>
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