The Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution.  A joint committee consisting of representatives from the same successor organizations revised and approved the Model Standards in 2005.

Preamble

Mediation is used to resolve a broad range of conflicts within a variety of settings. These Standards are designed to serve as fundamental ethical guidelines for persons mediating in all practice contexts. They serve three primary goals: to guide the conduct of mediators; to inform the mediating parties; and to promote public confidence in mediation as a process for resolving disputes.

Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute.

Mediation serves various purposes, including providing the opportunity for parties to define and clarify issues, understand different perspectives, identify interests, explore and assess possible solutions, and reach mutually satisfactory agreements, when desired.

I.               Self Determination: A mediator shall conduct the mediation based on the principle of party self-determination. Self-determinism is the act of coming to a voluntary un-coerced decision in which each party makes fee and informed choices as to process and outcome. Participants may exercise self-determination at any stage of a mediation including mediator selection, process design, participation or withdrawal from the process and outcomes.

II.              Impartiality: The concept of mediator impartiality is central to the mediation process. A mediator shall mediate only those matters where they are free from bias, favoritism or prejudice. If at any time the mediator is unable to conduct the process in an impartial manner, the mediator is obligated to withdraw.

III.            Conflicts of Interest: A mediator shall avoid a conflict of interest or the appearance of a conflict of interest during the entire mediation communication. A mediator shall disclose all actual and potential conflicts of interest reasonably known to the mediator. After disclosure, the mediator shall decline to mediate unless all parties choose to retain the mediator. The need to protect against conflicts of interest also governs conduct that occurs during and after the mediation.

IV.            Competence: A mediator shall mediate only when the mediator has the necessary qualifications to satisfy the reasonable expectations of the parties.

V.              Confidentiality: A mediator shall maintain the confidentiality of all information obtained by the mediator in mediation, unless otherwise agreed to by the participants or required by applicable law.

VI.            Quality of the Process: A mediator shall conduct the mediation fairly, diligently, and in a manner consistent with these Standards and 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.