Trust the Process, Trust the Neutral: Ethical Judgment and Professional Responsibility (Presented by the Federal Bar Association’s Alternative Dispute Resolution Section Co-sponsored by the American Inns of Court)

Lieutenant General Joseph Berger (Ret.), Executive Director | American Inns of Court

Lieutenant General Joe Berger (Ret.) is the Executive Director of the American Inns of Court, a national organization dedicated to promoting professionalism, civility, ethics, and excellence in the legal profession. Before assuming this role, he served as the 42nd Judge Advocate General of the U.S. Army, the Army’s senior legal officer, where he led nearly 10,000 legal professionals and served as the principal legal advisor to the Secretary and Chief of Staff of the Army. Over a distinguished career spanning more than three decades, General Berger counseled clients across the full spectrum of legal issues in both domestic and international contexts.

Education & Credentials

• Lieutenant General Berger’s credentials are rooted in an exceptional military legal career. He served as the 42nd Judge Advocate General of the U.S. Army, the highest legal position in the Army. His three-decade career encompassed legal practice across domestic and international jurisdictions. (Specific academic credentials are not included in the provided biography.)

Recognition & Leadership

• General Berger’s appointment as the 42nd Judge Advocate General of the U.S. Army stands as one of the most distinguished leadership achievements in military law. In this role, he oversaw nearly 10,000 legal professionals and served as the senior legal advisor to the Secretary and Chief of Staff of the Army. He now leads the American Inns of Court as Executive Director, advancing the organization’s mission of promoting professionalism, civility, and excellence throughout the legal profession.

Professional Involvement

• General Berger is deeply engaged in the legal community in his capacity as Executive Director of the American Inns of Court. He brings to this role a broad perspective shaped by decades of legal practice across both domestic and international contexts, as well as extensive experience advising senior government officials and leading large, complex legal organizations.

Experience

• Lieutenant General Berger’s legal career spans over three decades of distinguished service in the U.S. Army Judge Advocate General’s Corps. He advised clients on the full spectrum of legal issues, navigating complex matters in both domestic and international settings. As the 42nd Judge Advocate General of the U.S. Army, he led nearly 10,000 legal professionals and served as the Army’s principal legal advisor. He now serves as Executive Director of the American Inns of Court, where he leads the organization’s efforts to promote professionalism, civility, ethics, and excellence in the legal profession.

Brent Clinkscale, Independent Arbitrator & Mediator | Clinkscale Global ADR

Brent Clinkscale is an independent arbitrator, mediator, facilitator, and litigation consultant concentrating in complex 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. Mr. Clinkscale 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.

Education & Credentials

• Brent Clinkscale is an independent arbitrator, mediator, and facilitator concentrating in domestic and international business dispute resolution. He is credentialed as a panelist with the American Arbitration Association (AAA) on its Domestic Panel of Commercial, Consumer, and Complex Case Arbitrators, and with the International Centre for Dispute Resolution (ICDR) on its International Panel of Commercial and Complex Case Arbitrators. (Specific academic credentials are not included in the provided biography.)

Recognition & Leadership

• Mr. Clinkscale is recognized as a leader in international and domestic arbitration. He serves as Chair of the 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. His appointment to both AAA domestic and ICDR international panels reflects his standing in the dispute resolution community.

Professional Involvement

• In addition to his active practice as an arbitrator and mediator, Mr. Clinkscale is engaged in the leadership of several prominent arbitration and dispute resolution organizations. He chairs the USCIB Southeastern Arbitration Subcommittee, serves as a Delegate to the ICC Commission on Arbitration and ADR, and co-chairs the 2026 ABA Dispute Resolution Section Virtual Arbitration Institute. He is also a sitting panelist with both the AAA and the ICDR.

Experience

• Mr. Clinkscale’s practice focuses on the resolution of complex domestic and international business disputes through arbitration, mediation, and facilitation, as well as litigation consulting. He serves on the AAA’s Domestic Panel of Commercial, Consumer, and Complex Case Arbitrators and the ICDR’s International Panel of Commercial and Complex Case Arbitrators. He is active in arbitration leadership through his roles at the USCIB, ICC, and ABA Dispute Resolution Section.

Patricia H. Thompson, Esq., FCIArb, CollArb, Full-Time Arbitrator & Mediator | JAMS

Patricia H. Thompson, Esq., FCIArb, CollArb is a full-time JAMS arbitrator and mediator with over 15 years of experience guiding efficient and fair alternative dispute resolution (ADR) processes. She regularly presents and publishes on arbitration and mediation best practices, including ethical conduct, procedural improvements, and effective advocacy before tribunals. Her thought leadership is reflected in her active roles with the ABA and the Florida Bar, as well as her CLE presentations and publications addressing arbitration appeals, ethical issues, and professional standards in ADR.

Education & Credentials

• Patricia H. Thompson holds the designations of FCIArb (Fellow of the Chartered Institute of Arbitrators) and CollArb, reflecting her specialized expertise and professional standing in the field of arbitration. She brings over 15 years of experience as a neutral to her full-time practice at JAMS. (Specific academic credentials are not included in the provided biography.)

Recognition & Leadership

• Ms. Thompson is recognized as a thought leader in the ADR community, with active leadership roles in both the American Bar Association and the Florida Bar. She regularly presents at CLE programs and publishes on topics including arbitration appeals, ethical conduct, and procedural best practices in ADR. Her professional designations of FCIArb and CollArb further reflect her recognized expertise.

Professional Involvement

• In addition to her full-time practice as a JAMS arbitrator and mediator, Ms. Thompson is actively engaged in advancing the ADR profession through leadership roles at the ABA and the Florida Bar. She regularly contributes to professional education through CLE presentations and publications addressing ethical conduct, advocacy before arbitral tribunals, procedural improvements, and standards in ADR.

Experience

• Ms. Thompson has served as a full-time arbitrator and mediator at JAMS for over 15 years, guiding parties through efficient and fair dispute resolution processes. Her practice encompasses complex arbitration and mediation matters, and she is recognized for her expertise in procedural and ethical dimensions of ADR. She regularly publishes and presents on arbitration appeals, ethical issues, and best practices, drawing on her leadership experience with the ABA and the Florida Bar.

Marieke Witkamp, FCIArb, Full-Time Arbitrator | Arbitra International

Marieke Witkamp, FCIArb is a full-time arbitrator based in Houston, qualified to practice 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 sector and the Qatari sports industry. She is a member of Arbitra International and is listed on arbitration rosters worldwide.

Education & Credentials

• Marieke Witkamp holds the designation of FCIArb (Fellow of the Chartered Institute of Arbitrators) and is qualified to practice law in both Texas and the Netherlands. Her legal training and credentials span two jurisdictions and have been applied across a wide range of international commercial and maritime matters. She is listed on arbitration rosters worldwide. (Specific academic credentials are not included in the provided biography.)

Recognition & Leadership

• Ms. Witkamp’s professional standing is reflected in her FCIArb designation and her listing on arbitration rosters worldwide. Her prior judicial service as a commercial and maritime judge at the Court of Rotterdam, combined with her international legal experience across multiple jurisdictions and sectors, distinguishes her as a seasoned and respected neutral. She is a member of Arbitra International.

Professional Involvement

• Ms. Witkamp is a member of Arbitra International and is listed on arbitration panels globally. She brings to her practice an unusually broad international perspective, having served as a commercial and maritime judge, an international arbitration attorney, foreign counsel, and in-house counsel across the energy and sports sectors in both the Netherlands and Qatar.

Experience

• Prior to establishing her full-time arbitration practice, Ms. Witkamp served as a commercial and maritime judge at the Court of Rotterdam, practiced as an arbitration attorney with K&L Gates in Qatar, served as foreign counsel in Houston, and worked as in-house counsel in the Dutch energy sector and the Qatari sports industry. She is now a full-time arbitrator based in Houston, listed on arbitration rosters worldwide, and is a member of Arbitra International. She is qualified to practice in both Texas and the Netherlands.

Jo Colbert Stanley, Esq., FCIArb, Independent Arbitrator, Mediator & Special Magistrate | Stanley Legal Services LLC

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 concentrates her practice 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.

Education & Credentials

• Jo Colbert Stanley holds the designation of FCIArb (Fellow of the Chartered Institute of Arbitrators), reflecting her advanced training and professional standing in the field of arbitration. She is an attorney admitted in Florida and serves as a Special Magistrate in addition to her arbitration and mediation practice. She serves on national and international arbitration panels. (Specific academic credentials are not included in the provided biography.)

Recognition & Leadership

• Ms. Stanley is recognized for her leadership in the ADR community, having served as Past Chair of the Federal Bar Association’s ADR Section. Her FCIArb designation reflects her standing as a Fellow of the Chartered Institute of Arbitrators. She serves on both national and international arbitration panels and has been selected to serve as moderator for this program, reflecting her recognized expertise in dispute resolution.

Professional Involvement

• In addition to her active practice as an arbitrator, mediator, and Special Magistrate, Ms. Stanley is engaged in the broader dispute resolution community through her past leadership of the Federal Bar Association’s ADR Section. She serves on national and international arbitration panels and regularly participates in ADR education and professional programs.

Experience

• Ms. Stanley maintains an independent practice focused on complex commercial and maritime disputes, serving as an arbitrator, mediator, and Special Magistrate in Florida. As a Fellow of the Chartered Institute of Arbitrators, she is listed on national and international arbitration panels. She is a Past Chair of the Federal Bar Association’s ADR Section and brings extensive experience as a neutral in high-stakes, multifaceted disputes across jurisdictions.

I. Ethical Judgment and Confidence in the Arbitral Process | 2:00pm – 2:10pm

Examination of trust as a foundational component of arbitration and the role of neutral discretion in high-authority ADR settings.

II. Disclosure Standards: Actual Bias vs. Appearance of Impartiality | 2:10pm – 2:20pm

Analysis of disclosure obligations, applicable standards, and how impartiality is assessed by parties, institutions, and reviewing courts.

III. Professional Conduct and the Exercise of Authority | 2:20pm – 2:30pm

Discussion of case management, communication practices, procedural control, and how these shape perceptions of fairness.

IV. The Advocate’s Perspective: Evaluating and Advising on Neutral Selection | 2:30pm – 2:40pm

Consideration of how counsel assess neutrality, manage disclosure concerns, and advise clients regarding confidence in the tribunal.

V. Contemporary Ethical Pressures on Neutrals | 2:40pm – 2:50pm

Evaluation of repeat appointments, professional visibility, institutional expectations, reputational considerations, and the ethical implications of AI-assisted research, drafting, and information management in high-discretion ADR roles.

VI. Applied Ethical Scenarios and Audience Discussion | 2:50pm – 3:00pm

Application of principles to practical hypotheticals illustrating judgment calls in real-world arbitration settings.