NCJ Number
99277
Journal
Mediation Quarterly Issue: 8 Dated: (June 1985) Pages: 19-32
Date Published
1985
Length
14 pages
Annotation
This paper compares the ethical issues of neutrality, confidentiality, competence, and interface with other professionals in divorce mediation with these ethical issues in labor mediation.
Abstract
The discussion of neutrality uses a case example of divorce mediation to illustrate three major issues in the ethics of a mediator's neutrality: (1) how to handle personal biases so as not to violate neutrality, (2) how to address a mediator's prior relationship with one of the parties, and (3) how to evaluate neutrality as a factor in mediation outcome. The implementation of mediator neutrality is considered in a discussion of the functions of empowerment (assisting one of the parties to provide more input into decisionmaking) and caucusing (meeting with each client separately). In showing that confidentiality issues in divorce mediation are more complex than in labor mediation, the paper considers confidentiality in caucusing with the parties and in dealing with referral sources and other professionals involved with the clients. The examination of competence as an ethical issue explores the professional backgrounds and training that qualify persons to become divorce mediators as well as the importance of mediators' knowing the limits of their competence. Consideration of the ethical issues in a divorce mediator's interface with other professionals focuses on interactions with clients' lawyers, therapists, and social service workers. Two references are listed.