Our Standards as Mediators

A.   We mediate based on self-determination -- a voluntary, uncoerced decision in which each Party makes free and informed choices as to process and outcome. Parties may make self-determinations at any stage of a mediation, including mediator selection, mediation process, decision to participate or withdraw, and outcomes.

1.   Although self-determination as to process is important to us, we may need to balance self-determination with our duty to maintain the quality of the process.

2.   We cannot personally ensure that each Party has made free and informed choices to reach particular decisions. However, we will exercise our best efforts to make the Parties aware of the importance of consulting other professionals to help them make informed choices.

B.   We will not undermine Party self-determination for reasons such as higher settlement rates, ego, increased fees, or outside pressures.

A.   We will decline a mediation if we cannot conduct it in an impartial manner. Impartiality means freedom from favoritism, bias, or prejudice.

B.   We will conduct a mediation in an impartial manner and avoid conduct that gives the appearance of partiality.

1.   We will act without partiality or prejudice.

2.   We will neither give nor accept a gift, favor, loan, or other item of value that raises a question as to our actual or perceived impartiality.

3.  We may accept or give de minimis gifts or incidental items or services that are provided to facilitate a mediation or respect cultural norms, so long as such practices do not raise questions as to our actual or perceived impartiality.

C.   If at any time we are unable to conduct a mediation in an impartial manner, we shall withdraw.

A.  We will avoid a conflict of interest or the appearance of a conflict of interest during and after a mediation. A conflict of interest can arise from involvement by us with the subject matter of the dispute or from any relationship between us and any mediation participant, which reasonably raises a question of our impartiality.

B.   We will make a reasonable inquiry to determine whether there are any facts that a reasonable individual would consider likely to create a potential or actual conflict of interest for us. Our actions necessary to accomplish a reasonable inquiry into potential conflicts of interest may vary based on the context.

C.   We will disclose, as soon as practicable, all actual and potential conflicts of interest that are reasonably known to us and could reasonably be seen as raising a question about our impartiality. After disclosure, if all Parties agree, we may proceed with the mediation.

D.   If we learn any fact after accepting a mediation that raises a question with respect to our service creating a potential or actual conflict of interest, we will disclose it as quickly as practicable. After disclosure, if all Parties agree, we may proceed with the mediation.

E.   If our conflict of interest might reasonably be viewed as undermining the integrity of the mediation, we will withdraw from or decline to proceed with the mediation regardless of the expressed desire or agreement of the Parties to the contrary.

F.   Subsequent to a mediation, we will not establish another relationship with any of the participants in any matter that would raise questions about the integrity of the mediation. When we develop personal or professional relationships with Parties, other individuals or organizations following a mediation in which they were involved, we should consider factors such as time elapsed following the mediation, the nature of the relationships established, and services offered when determining whether the relationships might create a perceived or actual conflict of interest.

A.   A mediator shall mediate only when the mediator has the necessary competence to satisfy the reasonable expectations of the parties.

1.   Any person may be selected as a mediator, provided that the parties are satisfied with the mediator’s competence and qualifications. Training, experience in mediation, skills, cultural understandings and other qualities are often necessary for mediator competence. A person who offers to serve as a mediator creates the expectation that the person is competent to mediate effectively.

2.   A mediator should attend educational programs and related activities to maintain and enhance the mediator’s knowledge and skills related to mediation.

3.   A mediator should have available for the parties’ information relevant to the mediator’s training, education, experience and approach to conducting a mediation.

B.   If a mediator, during the course of a mediation determines that the mediator cannot conduct the mediation competently, the mediator shall discuss that determination with the parties as soon as is practicable and take appropriate steps to address the situation, including, but not limited to, withdrawing or requesting appropriate assistance.

C.   If a mediator’s ability to conduct a mediation is impaired by drugs, alcohol, medication or otherwise, the mediator shall not conduct the mediation.

A.   We will maintain the confidentiality of all information obtained by us in mediation, unless otherwise agreed to by the Parties or required by applicable law.

1.   If the Parties to a mediation agree that we may disclose information obtained during the mediation, we may do so.

2.  We should not communicate to any non-participant information about how the Parties acted in the mediation. We may report, if required, whether Parties appeared at a scheduled mediation and whether or not the Parties reached a resolution.

3.   If we participate in teaching, research, or evaluation of mediation, we should protect the anonymity of the Parties and abide by their reasonable expectations regarding confidentiality.

B.   If we meet with any persons in private session during a mediation, we will not convey directly or indirectly to any other person, any information that was obtained during that private session without the consent of the disclosing person.

C.   We will promote understanding among the Parties of the extent to which the Parties will maintain confidentiality of information they obtain in a mediation.

D.   Depending on the circumstance of a mediation, the Parties may have varying expectations regarding confidentiality that we should address. The Parties may make their own rules with respect to confidentiality, or our accepted practice or that of an institution may dictate a particular set of expectations.

A.   We will conduct a mediation in accordance with these Standards and in a manner that promotes diligence, timeliness, safety, presence of the appropriate participants, Party participation, procedural fairness, Party competency, and mutual respect among all participants.

1.   We should agree to mediate only when we are prepared to commit the attention essential to an effective mediation.

2.   We should only accept cases when we can satisfy the reasonable expectation of the Parties concerning the timing of a mediation.

3.   The presence or absence of persons at a mediation depends on the agreement of the Parties and us. The Parties and us may agree that others may be excluded from particular sessions or from all sessions.

4.   We should promote honesty and candor between and among all participants, and we will not knowingly misrepresent any material fact or circumstance in the course of a mediation.

5.   Our role differs substantially from other professional roles. Mixing the role of a mediator and the role of another profession is problematic and thus, we should distinguish between the roles. We may provide information that we are qualified by training or experience to provide, only if we can do so consistent with these Standards.

6.   We will not conduct a dispute resolution procedure other than mediation, while labeling it "mediation," in an effort to gain the protection of rules, statutes, or other governing authorities pertaining to mediation.

7.   We may recommend, when appropriate, that Parties consider resolving their dispute through arbitration, counseling, neutral evaluation, or other processes.

8.   We will not undertake an additional dispute resolution role in the same matter without the consent of the Parties. Before providing such service, we will inform the Parties of the implications of the change in process and obtain their consent to the change. if we do undertake an additional dispute resolution role in the same matter, we will assume different duties and responsibilities that may be governed by other standards.

9.   If a mediation is being used to further criminal conduct, we should take appropriate steps including, if necessary, postponing, withdrawing from, or terminating the mediation.

10.   If a Party appears to have difficulty comprehending the process, issues, or settlement options, or difficulty participating in a mediation, we should explore the circumstances and potential accommodations, modifications, or adjustments that would make possible the Party’s capacity to comprehend, participate in, and exercise self-determination.

B.   If we are made aware of domestic abuse or violence among the Parties, we will take appropriate steps including, if necessary, postponing, withdrawing from, or terminating the mediation.

C.   If we believe that participant conduct, including that of the mediator, jeopardizes conducting a mediation consistent with these Standards, we will take appropriate steps, including, if necessary, postponing, withdrawing from, or terminating the mediation.

A.  We will be truthful and not misleading when advertising, soliciting or otherwise communicating our qualifications, experience, services, and fees.

1.   We should not include any promises as to outcome in communications, including business cards, stationery, or computer-based communications.

2.   We should only claim to meet mediator qualifications of a governmental entity or private organization if that entity or organization has a recognized procedure for qualifying mediators and it grants such status to us.

B.  We will not solicit in a manner that gives an appearance of partiality for or against a Party or otherwise undermines the integrity of the process.

C.   We will not communicate to others, in promotional materials or through other forms of communication, the names of persons served without their permission.

A.   We will provide each Party or each Party’s representative true and complete information about mediation fees, expenses, and any other actual or potential charges that may be incurred in connection with a mediation.

1.   If we charge fees, we should develop them in light of all relevant factors, including the type and complexity of the matter, our qualifications, and the time required and the rates customary for such mediation services.

2.   Our fee arrangement should be in writing unless the Parties request otherwise.

B.   We will not charge fees in a manner that impairs our impartiality.

1.  We should not enter into a fee agreement which is contingent upon the result of the mediation or amount of the settlement.

2.   While we may accept unequal fee payments from the Parties, we should not use fee arrangements that adversely impact our ability to conduct a mediation in an impartial manner.