Ethics in Mediation
When I begin a mediation session, I explain the confidential nature of the process. In general, nothing said in mediation ever leaves the room, unless all parties agree, or there is some legal reason that confidence be broken. As with everything else in law, there are rules. In particular, there are standards of conduct that you can expect me to follow. These ethical standards are what this page is about.
Especially because I am a former magistrate, I always explain the voluntary nature of the mediation process. My face is my logo for this website, because I want to ensure that nobody schedules a mediation with me, only to find that I am unacceptable for one party or the other because of some prior encounter we may have had in court. Because I am dealing with personal and family matters, it is very important that you can accept me as a mediator.
Even when the court orders mediation, all that is being asked is that everyone make a good faith effort. I have no power to coerce anyone to do anything in mediation. The essence of mediation is that it enables self-determination by you, the parties to the case.
Before I begin work on a case, I also explain my role as an unbiased neutral. I avoid the appearance of conflicts of interest, even after the mediation is over. I offer a quality process, and I am professional when dealing with fees. Put another way, I follow the Model Standards of Conduct for Mediators. These have been adopted by the American Bar Association, by the American Arbitration Association, and by the Association for Conflict Resolution. You can read these in more detail if you wish, because they available online - there is a link below.
In all family law mediation, and indeed in all mediation, confidential mediation is key. Confer with your own lawyer if you want advice on those legal circumstances where a mediator may break confidentiality. For unrepresented parties, the Colorado Statute concerning confidentiality in mediation is CRS 13-22-307.
I subscribe to the Model Standards of Conduct for Mediators. I am a professional member of the Mediation Association of Colorado, which offers a grievance process. I provide a link to their website at the end of this page.
Beyond the standards for mediators, I am also a lawyer. Although I am not either party’s lawyer in the context of mediation or arbitration, I do adhere to the ethical standards for lawyers that apply outside of client representation.
Especially because I am a former magistrate, I always explain the voluntary nature of the mediation process. My face is my logo for this website, because I want to ensure that nobody schedules a mediation with me, only to find that I am unacceptable for one party or the other because of some prior encounter we may have had in court. Because I am dealing with personal and family matters, it is very important that you can accept me as a mediator.
Even when the court orders mediation, all that is being asked is that everyone make a good faith effort. I have no power to coerce anyone to do anything in mediation. The essence of mediation is that it enables self-determination by you, the parties to the case.
Before I begin work on a case, I also explain my role as an unbiased neutral. I avoid the appearance of conflicts of interest, even after the mediation is over. I offer a quality process, and I am professional when dealing with fees. Put another way, I follow the Model Standards of Conduct for Mediators. These have been adopted by the American Bar Association, by the American Arbitration Association, and by the Association for Conflict Resolution. You can read these in more detail if you wish, because they available online - there is a link below.
In all family law mediation, and indeed in all mediation, confidential mediation is key. Confer with your own lawyer if you want advice on those legal circumstances where a mediator may break confidentiality. For unrepresented parties, the Colorado Statute concerning confidentiality in mediation is CRS 13-22-307.
I subscribe to the Model Standards of Conduct for Mediators. I am a professional member of the Mediation Association of Colorado, which offers a grievance process. I provide a link to their website at the end of this page.
Beyond the standards for mediators, I am also a lawyer. Although I am not either party’s lawyer in the context of mediation or arbitration, I do adhere to the ethical standards for lawyers that apply outside of client representation.