Melissa Zisler in cooperation with Alexia Georgakopoulos, Ph.D. for Institute of Conflict Resolution and Communication Blog
Yes, that’s right, the ethical debates will forever occupy the mediation world. As mediation is growing in popularity throughout the nation, more and more questions arise. Creating quite a buzz in the world of court mediators lately has been the issue as to whether or not it is appropriate for the mediator to respond to a defendants request for clarity of a judgment.
According to MEAC, these are the appropriate measures to follow:
1) “Consistent with the standards of impartiality and preserving party self-determination, a mediator may provide information that the mediator is qualified by training or experience to provide.”
2) “It is not appropriate for a mediator to ask a plaintiff’s counsel to provide legal information or advice to the pro-se defendant in the case.
In regards to the first statement by the MEAC, included in the mediator’s code is Rule 10.370(a). It states that the mediator has the right to offer information that they have been trained to provide. As a mediator, your goal is to facilitate an agreement while maintaining your oath of impartiality. Of course, as a mediator, you must be aware of your role and do not bypass it. The bias or impartiality would arise if you continue past explanation, and offered your client your opinion as opposed to fact. Also, you want to make sure you are functioning as a mediator, not as the therapist, attorney or other professional.
In regards to the second statement! The proposed counsel could be advocating in their client’s best interest, as they are not held to the same impartiality stipulations as the mediator.
These ethical considerations will continue to arise. It is healthy as mediators continue to dialogue on these matters.
