Ethical Principles for a Mediator

Honesty and Forthrightness

• Mediators should avoid conflicts of interest or even the appearance of conflict of interest. They should not serve in cases where they have a financial or personal interest in the dispute's outcome. Their duty of honesty requires full disclosure of qualifications, fees and any other aspect of the mediation process that might influence any party's participation. The mediator should be truthful and be duty bound to avoid abusing the trust of the parties in mediation.

Professionalism and Competence

• Mediators should avoid accepting assignments that are not within their expertise and should disclose the limits of their experience and background to parties that may be affected or involved. They should also avoid providing services other than mediation, even if they are licensed to provide other professional services. Mediators should not give advice to participants, but instead if asked may recommend that mediation participants seek advice from a different,
  independent source. Mediators should also remain aware and remind all parties of the voluntary nature of the mediation process, so that parties negotiate and reach agreement via their own free will. Just as physicians promise to do no harm, mediators must also avoid causing harm including worsening the dispute.
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Impartiality and Confidentiality

• From the inception of the mediation through its resolution, mediators must remain impartial. Only by remaining impartial can a mediator remain even-handed. Mediators must also safeguard the confidentiality and privacy of the process and the people involved. Additionally, mediators must uphold their duty to inform parties of confidentiality limits such as mandated reporting of a party planning to commit a crime or of child abuse.

Support for Voluntary, Informed Self-Determination

• A mediator should encourage all parties involved in the mediation to resolve their dispute through making their own individual and collective decisions. They should also prevent domination by one party. A mediator should ensure that all parties are informed with sufficient pertinent, relevant data toward resolution.

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