Code of Conduct - We Agree Mediators

Article 1: Application and Enforcement

Membership in We Agree Mediators requires explicit agreement to abide by:

(a) this Code of Professional Conduct; and

(b) the disciplinary procedures and sanctions adopted from time to time by the Standards and Ethics Committee and the Board of Directors of We Agree Mediators.

The following rules are intended to govern the relations of We Agree Mediators with their clients, their professional colleagues, and the general public so that all will benefit from high standards of practice in family mediation. Members of We Agree Mediators will observe the spirit as well as the letter of the provisions of this Code.

It is the obligation of We Agree Mediators to report and to encourage their clients to report, in writing, observed breaches of this Code by members of We Agree Mediators forthwith to the Chairperson of the Ethics Committee or President of We Agree Mediators.

Any breach of this Code of Professional Conduct may result in the suspension or termination of membership in We Agree Mediators and/or revocation of We Agree Mediators’ certification.

Article 2: Definition

For the purpose of this Code, “family mediation” is defined as a cooperative, problem-solving process in which a qualified and impartial third party neutral, the mediator, assists mediation participants to resolve their disputes by mutual agreement. The resolution is to be voluntary and based upon sufficient information and advice for each person involved in the dispute.

In keeping with the expanded objects of We Agree Mediators, “family mediation” focuses upon a broad range of areas in which families experience conflict, including intra or interfamily conflict, as well as conflict between families and other agencies or organizations. For example, divorce and separation, post-divorce, parents/child, intergenerational, elder care, pre-nuptial, child welfare, adoption, wills, family business, schools, and neighborhood conflicts, and other interpersonal disputes.

Article 3: Goal of Process and Roles

The goal of family mediation is a fair and workable agreement that meets the participants’ mutual needs and interests, not a settlement at any cost.

The primary responsibility for the resolution of a dispute rests with the participants. At no time should a mediator coerce participants into an agreement or make a substantive decision for any participant.

The mediator’s role is that of a facilitator, i.e., to assist the participants to reach an informed and voluntary agreement that meets their mutual needs, interests, and concerns, and those of other persons affected by the dispute.

The mediator has a responsibility to promote the participants’ awareness of the interests of others affected by the dispute and by the proposed agreement and to assist the participants to consider the separate and individual needs of such other persons.

Article 4: Integrity

We Agree Mediators must avoid any activity that could create a conflict of interest. They must not become involved in relationships with the clients which might impair their professional judgment or in any way increase the risk of exploiting clients. Except where culturally appropriate, We Agree Mediators must be cautious about mediating disputes involving close friends, relatives, colleagues/supervisors, or students.

It is a violation of this Code to engage in sexual intimacies with a participant in the mediation process.

Article 5: Competence

We Agree Mediators must perform their services in a conscientious, diligent, and efficient manner in accordance with this Code.

It is the obligation of a member acting as a family mediator to ensure that they are qualified to deal with the specific issues involved. Mediators shall have acquired substantive knowledge and procedural skills as defined by the Standards and Certification Committee and adopted by the Board of Directors of We Agree Mediators.

While family mediators may have a diversity of education and training, a family mediator must refrain from rendering services outside the limits of their qualifications and competence.

Family mediators must engage in continuing education to ensure that their mediation skills are current and effective.

Article 6: Inter-Professional Relations

A mediator must respect the complementary relationships among mediation, legal, mental health, and other social services. The mediator should promote cooperation with other professionals and encourage clients to use other professional resources when appropriate.

Co-mediation – when more than one mediator is participating in a particular case, each has the responsibility to keep the other(s) informed of developments in the co-mediation process, essential to a cooperative effort.

Article 7: Confidentiality

A mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information obtained through the mediation process except:

(a) non-identifying information for research or educational purposes; or

(b) with the written consent of the participants to the mediation contract; or

(c) when ordered to do so by a judicial authority with jurisdiction to compel such disclosure, or required to do so by legislation or other law; or

(d) when the information discloses an actual or potential threat to human life or safety.

Any information so divulged shall be limited to what is absolutely necessary to accomplish such purposes.

While confidential mediation imposes the intention and duty of non-disclosure on a mediator, it may not confer privilege. The mediator shall inform the participants at the outset of mediation of the limitations to confidentiality and the fact that confidentiality cannot be guaranteed.

Lawyer/mediators must advise their clients that no solicitor/client privilege exists between the lawyer/mediator and the participants in mediation.

The mediator must clarify with the participants that confidentiality extends not only to the information disclosed during mediation but also to documents prepared specifically for or resulting from mediation.

The mediator must discuss the rules governing the confidentiality of individual meetings with participants during the course of mediation, in advance of such meetings.

With the participants’ consent, the mediator may discuss the mediation with the participants’ lawyers and other expert advisors.

Where the participants reach an agreement in mediation, the substance of the proposed agreement may be disclosed to their respective representatives.

The mediator must maintain confidentiality in the storage and disposal of client records and must ensure that office staff do so as well.

Article 8: Impartiality

A mediator has a duty to act with impartiality in relation to the participants. Impartiality means freedom from favoritism or bias either in word or in action, or the appearance of such favoritism or bias.

Notwithstanding the above, a mediator has a duty to assist participants to reflect upon and to consider how their proposed arrangements realistically meet the needs and best interests of other affected persons, especially vulnerable persons.

The perception by one or both participants that the mediator is partial does not in itself require the mediator to withdraw, but in such circumstances, the mediator must remind both parties