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Trust the Process, Trust the Neutral: Ethical Judgment and Professional Responsibility
**Program hosted in (ET) Time Zone**
Confidence in arbitration does not rest solely on procedural design—it rests on confidence in the neutral. In forums where discretion is significant and external oversight is limited, ethical judgment and professional responsibility become the foundation of legitimacy. This program examines how trust in the neutral is established, maintained, and sometimes challenged in real-world practice. Drawing on perspectives from institutional leadership, international and domestic arbitration, and professional ADR governance, the panel will explore disclosure obligations, appearance versus actual bias, professional demeanor, and the exercise of ethical authority in high-discretion roles. For attorneys representing parties, insight into how neutrals approach ethical judgment provides essential perspective when advising clients about forum selection, disclosure issues, and confidence in the arbitral process. The discussion moves beyond rule recitation to address the practical judgment calls that shape credibility, fairness, and confidence in the arbitral process.
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Presented by FBA’s Alternate Dispute Resolution Section Co-sponsored by the American Inns of Court.
Presenters
Lieutenant General Joseph Berger (RET.)
Lieutenant General Joe Berger (Ret.) is the Executive Director of the American Inns of Court, an organization dedicated to professionalism, civility, ethics, and excellence in the legal profession. He previously served as the 42nd Judge Advocate General of the U.S. Army, where he led nearly 10,000 legal professionals and served as the senior legal advisor to the Secretary and Chief of Staff of the Army. Over a distinguished three-decade military career, he advised clients across the full spectrum of legal issues in both domestic and international contexts.
Patricia Thompson, Esq., FCIArb, CollArb
Patricia H. Thompson, Esq., FCIArb, CollArb is a full-time JAMS arbitrator and mediator with over 15 years of experience guiding efficient and fair ADR processes. She regularly presents and publishes on arbitration and mediation best practices, including ethical conduct, procedural improvements, and advocacy before tribunals. Her thought leadership is reflected in her ABA and Florida Bar leadership roles, as well as her CLE presentations and publications addressing arbitration appeals, ethical issues, and professional standards in ADR.
Brent Clinkscale
Brent Clinkscale is an independent arbitrator, mediator, facilitator, and litigation consultant concentrating in business disputes, including domestic and international arbitrations. He serves on the American Arbitration Association (AAA) Domestic Panel of Commercial, Consumer, and Complex Case Arbitrators and the International Centre for Dispute Resolution (ICDR) International Panel of Commercial and Complex Case Arbitrators. He is Chair of the United States Council for International Business (USCIB) Southeastern Arbitration Subcommittee, a Delegate to the ICC Commission on Arbitration and ADR, and Co-Chair of the 2026 ABA Dispute Resolution Section Virtual Arbitration Institute.
Marieke Witkamp, FCIArb
Marieke Witkamp is a full-time arbitrator based in Houston, qualified in both Texas and the Netherlands. She previously served as a commercial and maritime judge at the Court of Rotterdam and has practiced internationally as an arbitration attorney with K&L Gates in Qatar, as foreign counsel in Houston, and as in-house counsel in the Dutch energy and Qatari sports sectors. She is a member of Arbitra International and is listed on arbitration rosters worldwide.
Jo Colbert Stanley, Esq., FCIArb (Moderator)
Jo Colbert Stanley, Esq., FCIArb is an independent arbitrator, mediator, and Special Magistrate based in Florida. A Fellow of the Chartered Institute of Arbitrators, she serves on national and international arbitration panels and focuses on complex commercial and maritime disputes. She is a Past Chair of the Federal Bar Association’s ADR Section and serves as moderator for this program.
Registration
- Live Broadcast | FBA Member: $0
- Live Broadcast | Nonmember: $95
- On-Demand Broadcast | FBA Member: $50
- On-Demand Broadcast | Nonmember: $95
CLE
Please note: CLE for this webinar has not been pre-approved.
MyLaw and the FBA will seek 1.0 General CLE credit hours in 60-minute states, and 1.2 General CLE credit hours in 50-minute states.
Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction.