Ethics within the Mediation Process - Chapter 53 - AAA Handbook on Mediation - 2nd Edition

Mattox Hair is a former circuit judge for the Fourth Judicial Circuit of Florida and a member of Florida’s House of Representatives and Senate. He is also a Fellow of the American College of Civil Trial Mediation and a Diplomat of the Florida Academy of Certified Mediators, Inc. and is a certified mediator in Florida state courts the United States District Court, Middle District of Florida. Hair received a B.S. from Florida State University and a J.D. from the University of Florida College of Law.

Sharon Press is an Associate Professor of Law and serves as Director of the Dispute Resolution Institute at Hamline University School of Law in St. Paul, Minnesota. Previously, she served as Director of the Florida Dispute Resolution Center, a joint program of the Florida Supreme Court and Florida State University College of Law, where she was an adjunct professor. She served on the drafting committee for the Model Standards of Conduct for Mediators (Joint Standards) which were adopted by the American Arbitration Association, the American Bar Association and the Association for Conflict Resolution.

Brooks Rathet is a shareholder at Bromagen & Rathet, P.A. and is a certified mediator in Florida state courts. He earned a B.A. from the University of Virginia and a J.D. and M.A. from the University of Florida

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Originally from: AAA Handbook on Mediation - 2nd Edition

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ETHICS WITHIN THE MEDIATION PROCESS

I. Introduction

Initially drafted in 1994, the American Bar Association, the American Arbitration Association, and them Association for Conflict Resolution adopted the current revised Model Standards of Conduct for Mediators in 2005. The Model Standards include nine standards for mediators, including self-determination, impartiality, conflicts of interest, competence, confidentiality, quality of the process, advertising and solicitation, fees and other charges and advancement of the mediation process. Patterned after Florida’s Mediator Ethics Advisory Committee, the ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance provides advisory responses to requests for ethical guidance based on the Model Standards of Conduct for Mediators (2005).

Table of Contents:

I. Introduction

II. Ethical Standards for Mediators in Florida - A History

III. Need for Confidentiality

IV. Provision of Advice, Opinions and Information

V. Mediator Marketing

VI. Conflicts of Interest

VII. Conclusion