MODEL STANDARDS OF PRACTICE FOR DIVORCE AND FAMILY MEDIATORS

• DOI: http://doi.org/10.1111/j.174-1617.2000.tb00563.x
• Date: 01 January 2000
• Published date: 01 January 2000

MODEL

STANDARDS

OF PRACTICE

FOR

DIVORCE AND FAMILY MEDIATORS

Resulting from the Symposium on Standards of Practice (October

1998)

convened

by

the Association of Family and Conciliation Courts

Contents

Definitions and Overview

Standard

I

A

family mediatorshould recognize that mediation is based on

the principle of self-determination by the parties.

Standard 11

A

family mediatorshould be qualijied by education and train-

ing to undertake the mediation.

Standard

I11

A

family mediator should dejine and describe the process of

mediation and facilitate the parties’ assessment

of

their capacity and

readiness to mediate before theparties reach an agreement to mediate.

Standard

IV

A

family mediator should disclose all actual and potential

conflicts of interest reasonably known to the mediatol: The parties can

choose

to

retain the mediator

by

an informed, written waiver

of

the

conflict

of

interest, unless

it

so

significant that informed waiver ofends

public policy. The need to protect against conflicts

of

interest also gov-

ems

the conduct that occurs during and after the mediation.

Standard

V

A

family mediator shouldfilly disclose and explain the basis

of any compensation, fees, and charges to the parties.

Standard

VI

A

family mediator should conduct the mediation in an

impartial manner.

Standard

VII

A

family mediator should structure the mediation process

so

that the parties

make

decisions based on suficient information and

knowledge.

Standard

VIII

A family mediator should maintain the confidentiality of

all information acquired in the mediation process, unless the mediator

is permitted or required to reveal the information by law or agreement

of

the parties.

FAMILY

AND CONCILIATION COURTS

REVIEW,

VoI.

38

No.

1,

January

ZOO0

110

122

0

2000

Sage

Publications,

Inc.

110