14106. Representation of Parties
This rule is no longer applicable. NASD Rule 14106 has been superseded by FINRA Rule 14106. Please consult the appropriate FINRA Rule.
(a) Representation by Party
Parties may represent themselves in mediation held in a United States hearing location. A member of a partnership may represent the partnership; and a bona fide officer of a corporation, trust, or association may represent the corporation, trust, or association.
(b) Representation by an Attorney
At any stage of a mediation proceeding held in a United States hearing location, all parties shall have the right to be represented by an attorney at law in good standing and admitted to practice before the Supreme Court of the United States or the highest court of any state of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States, unless state law prohibits such representation.
(c) Representation by Others
Parties may be represented in mediation by a person who is not an attorney, unless:
• state law prohibits such representation, or
• the person is currently suspended or barred from the securities industry in any capacity, or
• the person is currently suspended from the practice of law or disbarred.
(d) Qualifications of Representatives
Issues regarding the qualifications of a person to represent a party in mediation are governed by applicable law and may be determined by an appropriate court or other regulatory agency. In the absence of a court order, the mediation proceeding shall not be delayed pending resolution of such issues.
Adopted by SR-NASD-2006-109 eff. Dec. 24, 2007.
Selected Notice: 07-57.