Mediation News

Mediator Standards of Conduct & Ethics Advisory Committee

You have been mediating a dispute for almost two hours. The parties are close to agreement and one of them asks to meet separately with you. She asks your opinion and advice about what you would do in her situation. How do you handle this request?

During a break in the mediation you overhear one party tell someone on his cell phone that he has no intention of complying with the terms of an agreement he is about to sign. What should you do?

You are about to mediate a landlord/tenant dispute when you realize that you mediated a dispute with the same landlord two years ago. Are you required to withdraw from the case?

Mediators across New York potentially face ethical dilemmas like these every day. To help the volunteer mediators in the Community Dispute Resolution Centers Program (CDRCP) resolve these ethical dilemmas, the Office of Alternative Dispute Resolution Programs recently developed the Mediator Standards of Conduct for New York State CDRCP staff and volunteers. The Office has also created a Mediation Ethics Advisory Committee, which will respond to volunteer mediators’ ethical questions.

THE MEDIATOR STANDARDS OF CONDUCT
This year, the Office of ADR Programs formally adopted the Standards of Conduct for New York State Community Mediators (Mediator Standards). The Mediator Standards build on the work of other ADR organizations, including the American Arbitration Association, the American Bar Association, Section on Dispute Resolution and the Association for Conflict Resolution.
Read more at nycourts.gov

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.