Mediation Ethics
Mediator's Duties
Mediation Procedures
Ethical Responsibilities
Termination & Adjournment
100

This rule requires mediators to ensure that mediation is an informed, balanced, and timely process.

Rule 10.400

100

Mediators must comply with statutes, court rules, and administrative orders related to mediation.

Rule 10.520

100

This is the first step a mediator must take at the beginning of a mediation session.

Conducting an orientation session

100

A mediator must always act in an unbiased manner and promote this among participants.

Mutual Respect

100

A mediator may adjourn mediation when this happens.

Parties agree to adjournment

200

A mediator must conduct sessions in an even-handed and non-adversarial manner, promoting mutual respect.

Rule 10.410

200

A mediator cannot engage in activities that appear to improperly influence a court to get a case appointment.

Rule 10.530

200

Mediators must inform participants that they do not have the power to impose a resolution or adjudicate the dispute. What are they explaining?

The mediator’s role as an impartial facilitator

200

If a mediation session continues despite signs of fraud, duress, or lack of bargaining ability, the mediator is failing to uphold this rule.

Rule 10.420(b)(4)

200

Mediation must be terminated immediately if this is threatened.

Physical Safety

300

At the start of a mediation session, the mediator must describe the process and inform participants that mediation is consensual, the mediator is impartial, and communications are generally confidential.

Rule 10.420(a)

300

A mediator must adjourn or terminate a mediation if continuing would result in unreasonable emotional or financial costs to the parties.

Rule 10.420(b)(2)

300

Mediation can only continue if the parties agree to it because it is this type of process.

Consensual Process

300

A mediator cannot delay mediation unnecessarily because they must conduct services in this manner.

Timely Fashion

300

If mediation continues beyond reasonable financial or emotional costs, a mediator must do this.

Adjourn or terminate the mediation