Ethical Standards and Code of Conduct in Mediation Practice

Overview

This paper examines the ethical framework and code of conduct governing mediator practice. It addresses key questions regarding mediator neutrality, impartiality, competency requirements, non-discrimination, confidentiality, and the appropriateness of various mediation practices including dual-role mediation and fee structures.

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Mediation

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Mediation

PART 1: Code of Conduct

  1. Are there limits to mediator neutrality?

No. One needs to be as neutral as possible to satisfy the conflicting parties.

  1. Do mediators always need to be impartial?

Mediators are agents of mutual agreement between the parties in conflict. The mediator needs to be impartial all the time for a sober and fair decision.

  1. Can mediators be ethical practitioners if they lack particular skill competencies?

Mediators cannot be ethical because, for one to be ethical, he or she should be skilled and competent. Lack of skill competencies will, therefore, lead to biasness, which is unethical.

  1. Should mediators be required to adhere to non-discriminatory practice in the acceptance of clients?

Nondiscrimination is a significant consideration in mediation. It is ethical for mediators to always adhere to non-discriminatory practice while accepting clients

  1. Should mediators be expected to do pro bono work?

Mediators are expected to give back to society by offering free services. It is very ethical.

  1. Is it ethical for a mediator to have a bias toward the settlement of the problem?

Mediators are expected to be neutral at all times. It is, therefore, unethical for mediators to be biased towards settling a problem.

  1. Does the mediator have responsibilities to people who are not at the mediation session?

It is ethical to have public trust as well as a judgment about a mediation session. It means that mediators have a responsibility to people absent in a mediation process.

  1. Should mediation provider organizations have separate ethical responsibilities?

Every organization has its own rules and regulation.

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