The Ethical Standards that Guide Mediator Conduct

At the close of yesterday’s seminar on mediation ethics for lawyers, I was asked what ethical standards guided my own practice.  Other than “neutrality” and maintaining confidences, I’m sorry to say that the question caught me short.

As promised to teleseminar participants, I provide JAMS suggested Mediator Ethics below together with a link to the JAMS article explaining each ethical standard here.

GUIDELINES

I. A MEDIATOR SHOULD ENSURE THAT ALL PARTIES ARE INFORMED ABOUT THE MEDIATOR’S ROLE AND NATURE OF THE MEDIATION PROCESS, AND THAT ALL PARTIES UNDERSTAND THE TERMS OF SETTLEMENT. 

II. A MEDIATOR SHOULD PROTECT THE VOLUNTARY PARTICIPATION OF EACH PARTY. 

III. A MEDIATOR SHOULD BE COMPETENT TO MEDIATE THE PARTICULAR MATTER. 

IV. A MEDIATOR SHOULD MAINTAIN THE CONFIDENTIALITY OF THE PROCESS. 

V. A MEDIATOR SHOULD CONDUCT THE PROCESS IMPARTIALLY.

VI. A MEDIATOR SHOULD REFRAIN FROM PROVIDING LEGAL ADVICE.

VII. A MEDIATOR SHOULD WITHDRAW UNDER CERTAIN CIRCUMSTANCES.

VIII. A MEDIATOR SHOULD AVOID MARKETING THAT IS MISLEADING AND SHOULD NOT GUARANTEE RESULTS.

[(c) copyright JAMS 2003.  For more info from JAMS, visit www.jamsadr.com or call 1.800.352.5267]

I ask my mediation blog buddies Geoff Sharp, Diane Levin, Paula Lowhon, Phyllis Pollack, Jan Schau, Gini Nelson, all of the generous academics at Indisputably, and Chris Annunziata for additions to the list or comments about it.

                       

Victoria Pynchon

Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all… MORE >