NCJ Number
95306
Journal
Family Law Quarterly Volume: 17 Issue: 4 Dated: (Winter 1984) Pages: 455-460
Date Published
1984
Length
6 pages
Annotation
These six standards for family mediators outline the mediators' roles in defining, monitoring, and terminating the mediation process while maintaining confidentiality and impartiality.
Abstract
In particular, mediators should define and describe the mediation process and its cost before reaching an agreement to mediate. Specific recommendations cover arranging separate sessions when appropriate and explaining the duties and responsibilities of each participant. Mediators cannot voluntarily disclose any information obtained through the mediation process without the prior consent of both participants. In fact, mediators need to discuss with participants the potential outcome of their disclosure of facts to each other during the mediation process. Mediators who are lawyers or mental health professionals must not represent either party in any legal matters or provide counseling either during or after the mediation process. Because of their duty to the children's best interests mediators need to help parents examine their childrens' needs and to consider those needs apart from their own desires. Mediators should assure that the mediation participants make decisions based upon sufficient information and knowledge. Useful information includes full financial disclosures, evaluation, and development of relevant factual information. Mediators also must suspend or terminate mediation whenever continuation of the process would harm or prejudice one or more of the participants.