| A. Knowledge base |
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1. Acquire sufficient subject knowledge to facilitate communication, develop and
explore options and consequences, and make parties aware of any information relevant
to their decision making. |
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2. Be knowledgeable of available community resources and referral sources. |
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| B. Ethical standards |
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1. Adherence to ethical standards as established by PCM. |
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2. Be familiar with commonly encountered ethical dilemmas. |
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| C. Conduct of the mediator |
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1. Identify and separate personal values from issues under consideration. |
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2. Maintain a calm presence. |
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3. Be flexible. |
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4. Use clear language in speaking and writing. |
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5. When co-mediating, keep the other mediator(s) informed of developments essential
to an effective collaborative effort. |
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| D. Treatment of participants |
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1. Demonstrate respect for all participants. |
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2. Be aware of and sensitive to parties' values, gender, ethnic, cultural and lifestyle
differences. |
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| E. Undertaking the process |
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1. Demonstrate respect for the process. |
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2. Explain the mediation process to the parties, including:
- The role of the mediator
- The parties' options within the process
- Confidentiality
- The possibility of separate sessions (caucuses) |
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3. Determine that all the appropriate parties are present for the mediation. |
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4. Determine if the presence of other persons and/or counsel for one or more parties
will benefit the mediation process, and accept any other person(s) and/or counsel
to be present if all parties agree. |
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5. Explain that the mediator or any party may terminate the mediation at any time. |
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6. Explain alternative processes potentially available to resolve disputes. |
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7. Screen for the appropriateness of the parties to participate in mediation (i.e.
abuse, potential for violence, substance abuse & mental health issues). |
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8. Offer the parties the option of undertaking the mediation with the mediator, or
selecting another mediator. |
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9. Secure verbal or written agreement to mediate. |
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10. Encourage the parties, where appropriate, to seek other professional advice before,
during and after the mediation process. |
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| F. During the process |
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1. Facilitate a process for participants to determine their own appropriate decisions,
including creative options. |
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2. Provide each participant a full opportunity to effectively express his or her
interests. |
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3. Promote active listening to all sides of a situation. |
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4. Assist parties in exploring complex and sometimes contradictory information. |
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5. Encourage the disclosure of all appropriate information to ensure that the parties
make decisions based on sufficient knowledge. |
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6. Manage power imbalances. |
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7. Defuse any manipulative or intimidating negotiating techniques used by any of
the parties. |
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8. Separate mediatable and non-mediatable issues. |
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9. Recognize when it is appropriate to raise the option of therapy as an adjunctive
or preferable method for dealing with issues. |
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| G. Closing the process |
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1. Terminate the mediation when the mediator reasonably believes that the case is
inappropriate for mediation or that continued participation wills not further the
parties' self-determination. |
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2. Assist the parties in formalizing any agreed upon and/or understandings. |
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3. Assist parties in assessing whether their agreements can be implemented. |
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4. Solicit evaluative feedback from all participants. |
