Final answer:
Lawyers serving as third-party neutrals in the roles of arbitrator or mediator are required to inform all parties about their role, maintaining transparency and avoiding conflicts of interest as they facilitate dispute resolution without representing any party.
Step-by-step explanation:
A lawyer serving as a third-party neutral, such as an arbitrator or mediator, has a responsibility to ensure that all parties involved in the dispute resolution process are fully aware of the lawyer's role. In this capacity, the lawyer acts as a facilitator of the process without providing legal representation to any of the parties. This is critical to maintain transparency and uphold the integrity of the judicial system, which is designed to be fair, accessible, and impartial.
The adversarial judicial system requires disclosure, meaning that all parties must openly share any relevant evidence or information. This system also adheres to principles that guarantee the right to legal representation, as demonstrated in landmark cases such as Glasser v. United States. Furthermore, in situations where internal mechanisms fail to resolve disputes, bringing in a neutral third-party may be necessary to achieve a resolution.
To ensure justice is served and the rights of individuals are protected, the legal system enforces certain principles, such as the right to remain silent, the right to consult legal counsel, and the right to an impartial decision-maker. A lawyer acting as a third-party neutral must make these rights clear to the parties and cannot act in a way that suggests representation or legal advice, to avoid any conflict of interest or violation of ethical norms.