Ethical Code Of Conduct

Self-determination: Self-determination is the fundamental principle of mediation. A mediator shall respect and encourage self-determination by the parties in their decision whether, and on what terms, to resolve their dispute, and shall refrain from being directive and judgmental regarding the issues in dispute and options for settlement.  

Informed Consent: A mediator shall make reasonable efforts to ensure that each party understands the mediation process and the options available to him/her, and that each party is free and able to make whatever choices he/she desires regarding participation in mediation and specific settlement options. In addition, if a mediator believes a party does not understand his/her options or that consent is not freely given, the mediator may terminate mediation or withdraw from the case.  

Confidentiality: Apart from disclosure of issues under any mandatory reporting obligations, a mediator shall not disclose to any non-participant, directly or indirectly, any information communicated to the mediator. No mediation shall proceed without the signature of all persons present on the Statement of Understanding/Agreement to Mediate.  

Impartiality: A mediator shall not exhibit favoritism or prejudice toward any party or any position taken by a party in mediation. A mediator shall be committed to serve all parties, as opposed to a single party, in exploring the possibilities for resolution. In cases in which the mediator believes that he/she cannot be impartial, such as a conflict of interest, the mediator shall withdraw from the mediation. A mediator should address any concerns regarding his/her impartiality and, when appropriate, should offer to withdraw.  

Quality of the process: A mediator shall work to ensure a quality process and to encourage mutually respectful behavior among the parties. A quality process requires a commitment by the mediator to diligence and procedural fairness. If a mediator believes a party is intentionally abusing the process, the mediator should encourage the party to alter the conduct. If the person does not alter his/her behavior, the mediator may terminate the mediation, doing so in a way that preserves any confidential communications. In addition, a mediator shall not make promises regarding the results of the process. 

Distinction between Mediation and Counseling or Legal and Financial Advice: A mediator shall limit him/herself solely to the role of mediator, and shall refrain from giving legal, financial, or therapeutic advice and otherwise engaging in counseling or advocacy during mediation. A mediator shall encourage parties to seek advice from an attorney or other professional to ensure they are making informed decisions.  

Competence: A mediator shall maintain professional competence in mediation skills and, if lacking in the skills necessary for a particular case, shall disclose the possibility of declining to serve or withdrawing from the case. A mediator is obligated to disclose any significant limitations of skill or expertise, both to program staff and the participants involved, whenever relevant.