The following standards of practice have been adopted by the Association for Conflict Resolution (ACR), by the American Bar Association (ABA), and by the Association of Family Courts and Community Professionals (AFCC). Adopted by these three organizations, they represent a broad consensus in the field. This family and divorce mediation practice adheres to these standards. Your mediator will be happy to discuss any of these standards with you:
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. A family mediator shall disclose all actual and potential grounds of bias and conflicts of interest reasonably known to the mediator. The participants shall be free to retain the mediator by an informed, written waiver of the conflict of interest. However, if a bias or conflict of interest clearly impairs a mediator’s impartiality, the mediator shall withdraw regardless of the express agreement of the participants.
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, unless the mediator is permitted or required to reveal the information by law or agreement of the participants.
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 reason.
A family mediator shall be truthful in the advertisement and solicitation for mediation.
A family mediator shall acquire and maintain professional competence in mediation.
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Divorce Resources > Theory of Mediation