14106. Representation of Parties
(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 Others
(1) At any stage of a mediation proceeding held in a United States hearing location, any party may represented by:
(A) 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;
(B) a student enrolled in a law school participating in a law school clinical program or its equivalent and practicing under the supervision of an attorney; or
(C) a person, who is not an attorney, who has not received, and will not receive, compensation in any manner in connection with the representation, provided that prior to the representation, the person or the party files with the Director through the Party Portal a written statement, signed by the person and the party, attesting that the person has not received, and will not receive, compensation in connection with the representation.
(2) Notwithstanding paragraph (b)(1) of this Rule, no person may represent a party in any mediation proceeding held in a United States hearing location if:
(A) the laws of a state of the United States, the District of Columbia, or commonwealth, territory, or possession of the United States with jurisdiction over the representation prohibit the representation;
(B) the person is currently suspended or barred from the securities industry in any capacity;
(C) the person is currently suspended from the practice of law or disbarred; or
(D) the person is currently suspended from or denied the privilege of appearing or practicing before the Securities and Exchange Commission.
(c) Determinations of Qualifications of Representative By a Court or Regulatory Body
A challenge to the qualifications of a representative made outside of the mediation proceeding shall not stay or otherwise delay the mediation proceeding in the absence of a court order.
| Amended by SR-FINRA-2023-013. Adopted by SR-NASD-2006-109 eff. Dec. 24, 2007. Selected Notice: 07-57, 08-57. |