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Code of Ethical Standards for Mediators

Code of Ethical Standards for Mediators

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Published by Melanie Mejia
ADR Code of Ethical Standards for Mediators
ADR Code of Ethical Standards for Mediators

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Published by: Melanie Mejia on May 25, 2014
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05/25/2014

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CODE OF ETHICAL STANDARDS FOR MEDIATORS
I. Responsibilities to Courts  A Mediator shall be candid, accurate, and fully responsible to the trial court concerning his qualification, availability, and all other pertinent matters. A Mediator shall observe all administrative policies, applicable procedural rules and statutes. A Mediator is responsible to the judiciary for the propriety of his activities and must observe judicial standards of fidelity and diligence. II. Responsibilities to Parties Impartiality. he Mediator shall maintain impartiality to!ard all parties. Impartiality means freedom from favoritism or bias either by appearance, !ord or by action, and a commitment to serve all parties as opposed to a single party. At no time may a Mediator meet !ith any of the parties to discuss a case referred to him for mediation !ithout the presence or the consent of the other party. A Mediator shall !ithdra! from mediation if the mediator believes he can no longer be impartial. A Mediator shall not give or accept a gift, bequest, favor, loan or any other form to or from a party, attorney, or any other person involved in and arising from any mediation connection. Competence. A Mediator shall maintain professional competence in mediation s"ills, including but not limited to# $.%a& staying informed of and abiding by all statutes, rules, and administrative orders relevant to the practice of mediation' and (.%b& regularly engaging in educational activities promoting professional gro!th. Conflict of Interest. he Mediator shall refrain from participating in the mediation of any dispute if he)she perceives that participation as a Mediator !ill be a clear conflict of interest. he Mediator shall also disclose any circumstance that may create or give the appearance of a conflict of interest and any circumstance that may raise a question as to the Mediator*s impartiality. he duty to disclose is a continuing obligation throughout the process. In addition, if a Mediator has represented either party in any capacity, the Mediator should disclose that representation.  A Mediator shall disclose any "no!n, significant current or past personal or professional relationship !ith any party or attorney involved in the mediation and the Mediator and parties should discuss on a case by case basis !hether or not to continue.
 
 After the Mediator ma"es his disclosures, and a party does not see" inhibition, the Mediator shall continue as such. +o Mediator shall have any interest in any property, real or personal, that is the subject matter of the case referred to him)her for mediation. e)she may not offer to purchase or to sell such property, !hether at the inception, curing, or at any time after the mediation proceedings, either personally or through other parties.  Avoidance of -elays. A Mediator shall plan a !or" schedule, refrain from accepting appointments !hen it becomes apparent that completion of the mediation assignments cannot be done in a timely and epeditious manner, and perform the mediation services in such a !ay as to avoid delays. Prohibition Against /olicitation or Advertising. A Mediator shall not use the mediation process to solicit, encourage, or other!ise incur future professional services and financial gain from either or both parties. +either shall a Mediator ma"e untruthful or eaggerated claims about the mediation process and his)her qualifications. Prohibition Against Coercion. A Mediator shall not coerce or unfairly influence a party into a settlement agreement and shall not ma"e substantive decisions for any party to a mediation process. $.a&
 Prohibition Against Misrepresentation
. A Mediator shall not intentionally or "no!ingly misrepresent material facts or circumstances in the course of conducting a mediation. $.b&
 A Balance Process
.
 
 A Mediator shall promote a balanced process and shall encourage the parties to conduct the mediation deliberations in a non0adversarial manner. (.c&
 Mutual Respect 
. A Mediator shall promote mutual respect among the parties throughout the mediation process. Personal 1pinion. 2hile a Mediator may point0out possible outcomes of the case, under no circumstance may a Mediator offer a personal or professional opinion as to ho! the trial court, !here the case has been filed, !ill resolve the dispute. -isclosure of 3ees. 4cept for his)her authori5ed fees, the Mediator in Court0Referred Mediation shall not accept any commission, gift or other similar forms of remuneration from parties or their representatives. In case of +on0Court Referred Mediation, the Mediator shall enter into a !ritten agreement !ith the parties regarding reasonable fees, time and manner of payment,  before beginning the mediation. Confidentiality. he Mediator shall treat information revealed in mediation in

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