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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 Court0
Referred 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
strict confidentiality e.cept for the follo!ing#

$. $. Information that is statutorily to be reported.
(. (. Information that in the judgment of the Mediator reveals a danger of
serious physical harm either to a party, to a third person or to
himself)herself.

Role of Mediator in /ettlement. he Mediator has the responsibility to see to it
that the parties consider and understand the terms of the settlement. 2hen a Mediator
believes that a party does not understand or appreciate ho! a settlement agreement
may adversely affect legal rights or obligations, the Mediator shall advise the said party
to see" legal counsel.

III.

Relationship !ith other Professionals

he Mediator shall respect the relationship bet!een mediation and other
professional disciplines including la!, medicine, science, accounting, mental health and
social services and shall promote harmony and cooperation bet!een Mediators and
other professionals.

I6.

Responsibilities to /ociety

Pro Bono /ervice . A Mediator has a professional responsibility to provide competent
service to persons see"ing assistance including those unable to pay for such services. As
a means of meeting the needs of the financially disadvantaged, a Mediator should
provide mediation services pro bono or at a reduced rate of compensation.

/upport of Mediation. A Mediator should support the advancement of mediation by
encouraging and participating in research, evaluation, or other forms of professional
development and public education.