Mediation Ethics
This rule requires mediators to ensure that mediation is an informed, balanced, and timely process.
Rule 10.400
Mediators must comply with statutes, court rules, and administrative orders related to mediation.
Rule 10.520
This is the first step a mediator must take at the beginning of a mediation session.
Conducting an orientation session
A mediator must always act in an unbiased manner and promote this among participants.
Mutual Respect
A mediator may adjourn mediation when this happens.
Parties agree to adjournment
A mediator must conduct sessions in an even-handed and non-adversarial manner, promoting mutual respect.
Rule 10.410
A mediator cannot engage in activities that appear to improperly influence a court to get a case appointment.
Rule 10.530
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
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)
Mediation must be terminated immediately if this is threatened.
Physical Safety
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)
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)
Mediation can only continue if the parties agree to it because it is this type of process.
Consensual Process
A mediator cannot delay mediation unnecessarily because they must conduct services in this manner.
Timely Fashion
If mediation continues beyond reasonable financial or emotional costs, a mediator must do this.
Adjourn or terminate the mediation