Family and divorce mediation is a process in which a mediator, an impartial third party, facilitates the resolution of family disputes by promoting the participants’ voluntary agreement. The Model Standards of Practice for Family and Divorce Mediation are the product of an effort by mediation-interested organizations and individuals to create a unified set of standards of practice that will increase public confidence in the evolving mediation profession and provide guidance for its practitioners. These Model Standards of Practice for Family and Divorce Mediation aim to perform three major functions: (1) to serve as a guide for the conduct of family mediators; (2) to inform the mediating participants of what they can expect; and, (3) to promote public confidence in mediation as a process for resolving family disputes. The Model Standards are aspirational in character. They describe good practices for family mediators. A summary of the Model Standards follow:
- A family mediator shall recognize that mediation is based on the principle of self-determination by the participants.
- A family mediator shall be qualified by education and training to undertake the mediation.
- A family mediator shall facilitate the participants’ understanding of what mediation is and assess their capacity to mediate before the participants reach an agreement to mediate.
- A family mediator shall conduct the mediation process in an impartial manner, and shall disclose all actual and potential grounds of bias and conflicts of interest reasonably known to the mediator.
- A family mediator shall fully disclose and explain the basis of any compensation, fees and charges to the participants
- A family mediator shall structure the mediation process so that the participants make decisions based on sufficient information and knowledge.
- A family mediator shall maintain the confidentiality of all information acquired in the mediation process.
- A family mediator shall assist participants in determining how to promote the best interests of children.
- A family mediator shall recognize a family situation involving child abuse or neglect and take appropriate steps to shape the mediation process accordingly.
- A family mediator shall recognize a family situation involving domestic abuse and take appropriate steps to shape the mediation process accordingly.
- A family mediator shall suspend or terminate the mediation process when the mediator reasonably believes that a participant is unable to effectively participate or for other compelling reasons.
- A family mediator shall be truthful in the advertisement and solicitation for mediation.
- A family mediator shall acquire and maintain professional competence in mediation.
A copy of the complete Model Standards of Practice for Family and Divorce Mediation, with commentary, as developed by the Symposium on Standards of Practice, is annexed here. It is well worth a reading.
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