Regulatory Notice 12-35

Amendments to Mediation Code to Provide the Mediation Director With Discretion to Determine Whether Parties to a FINRA Mediation May Select a Mediator Who Is Not on FINRA’s Mediator Roster

Effective Date: August 6, 2012

Under FINRA Rule 14107 (Mediator Selection) of the Code of Mediation Procedure (Mediation Code), parties to a mediation may select a mediator from FINRA’s roster or from a source of their own choosing, including a mediator who is not on FINRA’s mediator roster. In limited instances, the director of Mediation (Mediation director) may assign a mediator. The SEC approved amendments to the Mediation Code granting the Mediation director discretion to determine whether parties may select a mediator who is not on FINRA’s mediator roster.

The amendments are effective on August 6, 2012, for all mediation cases filed on or after the effective date.

The text of the amendments is set forth in Attachment A.

Questions concerning this Notice should be directed to:

  • Kenneth L. Andrichik, Senior Vice President, Chief Counsel, Director of Mediation and Strategy, Dispute Resolution, at (212) 858-3915 or email; or
  • Julie Crotty, Deputy Director of Mediation and Business Strategies, Dispute Resolution, at (212) 858-4341 or email.