TOOLKIT / CONFLICT DISCLOSURE FORM

Turn a conflicts judgement into a clear professional record.

The Conflict Disclosure Form is not a substitute for searching or judgement. It is the structured record used after the practitioner has identified a relationship or circumstance that may reasonably matter to participant confidence. The form should state the relationship, relevant timing, professional context, any limits on what can be disclosed, the Neutral's assessment, participant response where appropriate and the continuing duty to update if circumstances change.

Disclose the relationship clearly enough that people can understand it.

Vague transparency is not useful transparency.

FORM ARCHITECTURE

Five fields make a disclosure useful without turning it into an information dump.

The form should support a professional decision, not replace one.

RELATIONSHIP

What is the connection?

Describe the relevant professional, financial, institutional, personal or prior appointment relationship in ordinary language.

TIMING

When and how significant was it?

State when the relationship occurred, whether it is continuing and any frequency or financial context that may matter.

ASSESSMENT

Why is it being disclosed?

Explain that the relationship is being raised so participants can assess confidence, without treating disclosure itself as an admission of bias.

LIMITS

What cannot be disclosed?

Where another confidentiality or legal duty prevents full detail, state the limit carefully rather than revealing protected information.

CONTINUATION

What happens next?

Record whether the Neutral proposes to continue, whether participant views are invited and that later circumstances may require fresh disclosure.

WORKING SEQUENCE

The form belongs after search and assessment, not before them.

Separating the stages keeps disclosure meaningful.

01

Search the relationship map

Identify parties, affiliates, advisers, institutions, funders, repeat appointing sources and other significant professional connections.

02

Assess relevance

Consider timing, frequency, financial significance, subject connection, closeness and what a reasonable participant may want to know.

03

Draft the disclosure

Describe the relationship accurately, proportionately and without unnecessary confidential detail.

04

Decide on continuation

Determine whether the appointment can continue, whether views or consent matter and whether the governing framework requires another result.

05

Monitor and update

Issue a fresh disclosure if new parties, relationships, professional roles or circumstances materially change the analysis.

DEEPER PRACTICE LENS

The form should make the professional judgement visible without pretending every disclosed relationship is equivalent.

Context determines both what needs disclosure and what the disclosure means.

DEEPER PRACTICE LENS

Write for the participant who has never seen the relationship before.

The practitioner may know the connection is ordinary. The participant only sees what the disclosure form explains.

A useful disclosure names the type of relationship rather than relying on generic phrases. If the Neutral worked for a party's affiliate three years earlier, served on the same Council as counsel or received repeated appointments from one firm, the form should state the relevant context plainly enough to be understood.

Timing matters. A relationship that ended many years ago may raise different concerns from current advisory work or a recent appointment. The form should include enough temporal context for participants to assess significance.

Frequency and economic dependence can matter. Several small appointments may create a more meaningful professional relationship than one larger isolated engagement. The form should not hide cumulative context simply because each matter appears minor alone.

Disclosure should distinguish public institutional contact from close professional collaboration. Membership in the same organisation may be routine, while service on a small committee or repeated joint work can be more significant. The professional should describe the relationship accurately rather than assuming the institutional label explains everything.

Confidentiality limits sometimes prevent full detail. A Neutral may be unable to identify a prior confidential client or matter. The disclosure can state the nature of the limitation and provide as much useful context as the professional can properly give without breaching another duty.

Participant response should not be treated mechanically. Some frameworks require consent, others do not. Even where participants agree to continue, the Neutral retains responsibility for deciding whether independence can genuinely be maintained.

The form should avoid self-certification language that sounds more conclusive than the professional can know. Statements such as no conflict exists can be less useful than a clear description of the search, the relationship and the practitioner's judgement that the appointment can continue subject to the governing framework.

Continuing duty should appear on the form itself. This reminds both the professional and participants that the disclosure is current as of a date and may need updating as the matter evolves.

Record retention should be proportionate. Conflict disclosures may need to remain with the appointment file so later reviewers can understand the professional decision. Access should still be controlled because the form may contain sensitive relationship information.

Where a disclosed relationship becomes more significant later, the practitioner should not assume the first disclosure permanently resolves it. New fees, a new institutional role or deeper contact may change the professional assessment.

FORM BOUNDARY

A completed disclosure form is not the same as conflicts clearance.

The form records one part of a broader professional judgement.

THE ROLE MAY

Create a useful disclosure record.

  • Describe the relationship plainly.
  • State timing and significance.
  • Explain confidentiality limits where needed.
  • Record continuation logic.
  • Update if circumstances change.
THE ROLE SHOULD NOT SILENTLY BECOME

Turn paperwork into false certainty.

  • Treat every relationship as disqualifying.
  • Treat every participant consent as a cure.
  • Use vague boilerplate.
  • Reveal confidential information unnecessarily.
  • Assume the form replaces the practitioner's judgement.
IN PRACTICE

Three disclosures that need different language because the underlying relationships are different.

The form should preserve professional nuance.

ILLUSTRATIVE SITUATION

Repeat appointments

The Neutral has received several matters from the same law firm. The disclosure states frequency and recent timing so participants can assess the relationship.

ILLUSTRATIVE SITUATION

Institutional colleague

The Neutral and one participant serve on the same professional board. The form explains the nature of that service rather than simply naming the institution.

ILLUSTRATIVE SITUATION

Prior confidential work

The professional has relevant prior work but cannot identify the client fully. The disclosure explains the limitation and the nature of the relationship as far as possible.

PROFESSIONAL DISCOVERY

Current public professional records

Only currently published professional records are shown.

Patrick M. Norton
PUBLIC PROFESSIONAL RECORD / New York, United States

Patrick M. Norton

Arbitrator & Mediator

mediationarbitrationAviationBanking and FinanceEducation

Published record: Patrick M. Norton is an independent arbitrator and mediator with extensive international ADR experience both as a neutral and as counsel.  He currently practices in New York City and lives…

Bill Rainey
PUBLIC PROFESSIONAL RECORD / Nelson, New Zealand

Bill Rainey

Arbitrator & Mediator

mediationarbitrationevaluationConstructionEngineering and Infrastructure Disputes

Published record: Bill is a member of the NZLS and mediation panel of AMINZ. He has been a specialist building & construction mediator, vice-chair and board member of LEADR NZ (now Resolution…

Joshua Erlich
PUBLIC PROFESSIONAL RECORD / Arlington, United States

Joshua Erlich

Arbitrator & Mediator

mediationarbitrationrestorativeBanking and Finance

Published record: Mr. Erlich is primarily a litigator, where his emphasis is on constitutional, employment, and civil rights issues. His most common cases involve violations of Title VII of the Civil Rights…

Philip Gicheru Gichaaga
PUBLIC PROFESSIONAL RECORD / Nairobi, Kenya

Philip Gicheru Gichaaga

Mediator

mediation

Published record: Philip Gichaaga is a certified neutral with a professional focus on mediation and conflict resolution.

IMPLEMENTATION

Conflict forms should be versioned and integrated with the appointment record.

Institutional consistency helps practitioners make better live decisions without centralising every private relationship.

DEEPER PRACTICE LENS

Use one structured form, but preserve professional judgement inside it.

The institution can standardise the questions while allowing the practitioner to explain the relationship in context.

The form should carry date, version and appointment reference so later updates can be read in sequence. A new disclosure should supplement rather than silently overwrite the earlier professional record.

Organisations that appoint repeatedly should store disclosure records with appropriate access controls. The purpose is continuity and accountability, not broad internal circulation of sensitive relationship information.

Digital workflows can prompt required fields and missing dates, but they should not generate automatic cleared or conflicted outcomes. The professional remains responsible for the substantive judgement.

Patterns in anonymised disclosure questions can inform future guidance. If practitioners repeatedly struggle with institutional service, repeat appointments or affiliate relationships, the Standards family may need a Practice Note or improved checklist.

DISCLOSURE GOVERNANCE

A conflict disclosure form should also help the institution distinguish between disclosure, objection and final professional decision.

Use the instrument to make authority and professional reasoning clearer when the live process becomes more difficult.

PRACTICAL CONTROL

Good governance should clarify the next professional decision.

The tool should help the user understand who decides, what must be recorded and when a fresh professional judgement is required.

A participant may respond to a disclosure with questions, concern or objection. The form or linked appointment record should preserve that response without converting the participant into the sole decision-maker on professional independence. The Neutral should consider the response together with the governing framework and then record whether the appointment continues, is modified or ends.

Where one participant does not respond, silence should not automatically be treated as consent unless the applicable process validly provides that result. The form should avoid creating legal consequences through administrative convenience.

The institution should also avoid using disclosure data as a hidden ranking tool. A practitioner who makes more disclosures may simply be more transparent or work in a denser professional market. Disclosure volume by itself says little about independence or quality.

Periodic review of completed forms can nevertheless improve the system. Repeated confusion around the same relationship type may justify clearer guidance, better intake fields or a Practice Note. The purpose of reviewing patterns is to strengthen professional judgement, not to centralise private relationship histories.

CONFLICT DISCLOSURE FORM

Turn a conflicts judgement into a clear professional record.

The form should make relevant relationships visible, preserve the reasoning behind continuation and remain open to revision if the professional context changes.

The form should also distinguish disclosure to participants from internal administrative visibility. An institution may need to know that a disclosure exists without circulating every detail to staff who have no role in the appointment. Access controls should therefore match the sensitivity of the relationship being disclosed.

Where several disclosures accumulate over a long engagement, the professional should consider whether the combined picture changes the assessment even if each individual relationship looked manageable when first disclosed. Cumulative context can matter to perceived independence.

The final test is practical: the instrument should leave the organisation and the Neutral with the same understanding of role, authority, professional boundary and next step. If those answers still depend on informal explanation, the tool needs further adaptation before use.