Divorce Mediation Ethics - Divorce Mediator Ethics for Divorce Mediation as an Alternative Dispute Resolution

Divorce mediators like most professionals must and should adhere to a certain level of professionalism, ethics, mediation conduct, and mediation guidelines so as to promote public confidence in the divorce mediation process. Mediation standards or medation guildelines may serve as a guide rather than an enforceable law unless or until a court or regulatory authority adopts the mediation standards.

The Model Standards of Conduct for Mediators was prepared by the American Arbitration Association, the American Bar Association's Section of Dispute in 1994 and revised in 2005 by a joint committee made up of representatives from same organizations.

Some standards of care for divorce mediators and mediation ethics noted in The Model Standards of Conduct for Mediators are as follows:

• Self-Determination - Self-determination is when parties of divorce mediation make free and informed choices at any stage of the process and outcomes from decisions are voluntary and uncoerced

• Impariality - Divorce mediators should be impartial or freedom from favoritism, bias or prejudice

• Conflicts of Interest - Divorce mediators facilitating divorce mediation should avoid a conflict of interest or the appearance of a conflict of interest during and after a mediation

• Competence - Divorce mediators should only provide mediation when he/she has the necessary competence to satisfy the reasonable expectations of the parties.

• Confidentiality - A divorce mediator shall maintain the confidentiality of all information obtained by the mediator in mediation, unless otherwise agreed to by the parties or required by applicable law.

• Quality of the Process - A divorce mediator providing divorce mediation shall conduct a mediation in accordance with in a manner that promotes diligence, timeliness, safety, presence of the appropriate participants, party participation, procedural fairness, party competency and mutual respect among all participants.

• Advertising and Solicitation - A divorce mediator providing divorce mediation shall be truthful and not misleading when advertising, soliciting or otherwis.

• Fees and Other Charges - A divorce mediator providing divorce mediation shall provide each party or each party’s representative true and complete information about mediation fees, expenses and any other actual or potential charges that may be incurred in connection with a mediation.

• Advancement of Mediation Practice - A divorce mediator providing divorce mediation should adopt standards and act in a manner that advances the practice of mediation, demonstrate respect for differing perspectives within the field, and strive to learn from other divorce mediators and work with other divorce mediators to improve the profession and serve people in conflict.

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