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Model Standards of Practice for Family and Divorce Mediation

NCJ Number
99282
Journal
Mediation Quarterly Issue: 8 Dated: (June 1985) Pages: 73-81
Author(s)
A Milne
Date Published
1985
Length
9 pages
Annotation
This paper presents model standards of practice for both public and private family and divorce mediators, developed at three symposia on divorce mediation standards and ethics sponsored by the Association of Family and Conciliation Courts.
Abstract
After summarizing the proceedings of each symposium, the paper presents the model standards as a means of furthering the practice of family self-determination and mediation as a process of consensus. The preamble to the standards defines mediation, summarizes the basic principles of mediation, and states the purpose of the standards. The standards then proceed to mediator conduct in initiating the mediation process. These standards encompass the definition and description of mediation, the identification of issues, the appropriateness of mediation, the mediator's duty of disclosure, procedures, and mutual duties and responsibilities. The standards then focus on ensuring mediator impartiality and neutrality, the setting of costs and fees, and confidentiality and information exchange. Standards also address the full disclosure of all relevant information in the mediation process and the responsibilities of the participants and the mediator in ensuring self-determination in the mediation process. The mediator's provision of advice to the parties is adressed in the standards, along with mediator behavior that facilitates the parties' ability to negotiate. Remaining standards focus on the conclusion of mediation, mediator training and education, advertising mediation services, relationships with other professionals, and the advancement of mediation. Organizations participating in the symposia are listed.