American Arbitration Association, the American Bar Association’s Section of Dispute

representatives from the same successor organizations revised the Model Standards in

Mediation is used to resolve a broad range of conflicts within a variety of settings.

These Standards are designed to serve as fundamental ethical guidelines for persons

mediating in all practice contexts. They serve three primary goals: to guide the conduct

of mediators; to inform the mediating parties; and to promote public confidence in

mediation as a process for resolving disputes.

Mediation is a process in which an impartial third party facilitates communication

and negotiation and promotes voluntary decision making by the parties to the dispute.

Mediation serves various purposes, including providing the opportunity for parties

to define and clarify issues, understand different perspectives, identify interests, explore

and assess possible solutions, and reach mutually satisfactory agreements, when desired.

These Standards are to be read and construed in their entirety. There is no priority

significance attached to the sequence in which the Standards appear.

The use of the term “shall” in a Standard indicates that the mediator must follow

the practice described. The use of the term “should” indicates that the practice described

in the standard is highly desirable, but not required, and is to be departed from only for

very strong reasons and requires careful use of judgment and discretion.

the Conflict Resolution Education Network and the Society of Professionals in Dispute Resolution

(SPIDR). SPIDR was the third participating organization in the development of the 1994 Standards.

2

Reporter’s Notes, which are not part of these Standards and therefore have not been specifically approved

by any of the organizations, provide commentary regarding these revisions.

3

The 2005 revisions to the Model Standards were approved by the American Bar Association’s House of

Delegates on August 9, 2005, the Board of the Association for Conflict Resolution on August 22, 2005 and

the Executive Committee of the American Arbitration Association on September 8, 2005.

The use of the term “mediator” is understood to be inclusive so that it applies to

co-mediator models.

These Standards do not include specific temporal parameters when referencing a

mediation, and therefore, do not define the exact beginning or ending of a mediation.

Various aspects of a mediation, including some matters covered by these

Standards, may also be affected by applicable law, court rules, regulations, other

applicable professional rules, mediation rules to which the parties have agreed and other

agreements of the parties. These sources may create conflicts with, and may take

precedence over, these Standards. However, a mediator should make every effort to

comply with the spirit and intent of these Standards in resolving such conflicts. This

effort should include honoring all remaining Standards not in conflict with these other

sources.

These Standards, unless and until adopted by a court or other regulatory authority

do not have the force of law. Nonetheless, the fact that these Standards have been

adopted by the respective sponsoring entities, should alert mediators to the fact that the

Standards might be viewed as establishing a standard of care for mediators.

A. A mediator shall conduct a mediation based on the principle of party selfdetermination.

Self-determination is the act of coming to a voluntary, uncoerced

decision in which each party makes free and informed choices as to process and

outcome. Parties may exercise self-determination at any stage of a mediation,

including mediator selection, process design, participation in or withdrawal from

the process, and outcomes.

1. Although party self-determination for process design is a fundamental

principle of mediation practice, a mediator may need to balance such party

self-determination with a mediator’s duty to conduct a quality process in

accordance with these Standards.

2. A mediator cannot personally ensure that each party has made free and

informed choices to reach particular decisions, but, where appropriate, a

mediator should make the parties aware of the importance of consulting

other professionals to help them make informed choices.

B. A mediator shall not undermine party self-determination by any party for reasons

such as higher settlement rates, egos, increased fees, or outside pressures from

court personnel, program administrators, provider organizations, the media or

others.

A. A mediator shall decline a mediation if the mediator cannot conduct it in an

impartial manner. Impartiality means freedom from favoritism, bias or prejudice.

B. A mediator shall conduct a mediation in an impartial manner and avoid conduct

that gives the appearance of partiality.

1. A mediator should not act with partiality or prejudice based on any

participant’s personal characteristics, background, values and beliefs, or

performance at a mediation, or any other reason.

2. A mediator should neither give nor accept a gift, favor, loan or other item

of value that raises a question as to the mediator’s actual or perceived

impartiality.

3. A mediator may accept or give de minimis gifts or incidental items or

services that are provided to facilitate a mediation or respect cultural

norms so long as such practices do not raise questions as to a mediator’s

actual or perceived impartiality.

C. If at any time a mediator is unable to conduct a mediation in an impartial manner,

the mediator shall withdraw.

A. A mediator shall avoid a conflict of interest or the appearance of a conflict of

interest during and after a mediation. A conflict of interest can arise from

involvement by a mediator with the subject matter of the dispute or from any

relationship between a mediator and any mediation participant, whether past or

present, personal or professional, that reasonably raises a question of a mediator’s

impartiality.

B. A mediator shall make a reasonable inquiry to determine whether there are any

facts that a reasonable individual would consider likely to create a potential or

actual conflict of interest for a mediator. A mediator’s actions necessary to

accomplish a reasonable inquiry into potential conflicts of interest may vary based

on practice context.

C. A mediator shall disclose, as soon as practicable, all actual and potential conflicts

of interest that are reasonably known to the mediator and could reasonably be

seen as raising a question about the mediator’s impartiality. After disclosure, if

all parties agree, the mediator may proceed with the mediation.

D. If a mediator learns any fact after accepting a mediation that raises a question with

respect to that mediator’s service creating a potential or actual conflict of interest,

the mediator shall disclose it as quickly as practicable. After disclosure, if all

parties agree, the mediator may proceed with the mediation.

E. If a mediator’s conflict of interest might reasonably be viewed as undermining the

integrity of the mediation, a mediator shall withdraw from or decline to proceed

with the mediation regardless of the expressed desire or agreement of the parties

to the contrary.

F. Subsequent to a mediation, a mediator shall not establish another relationship with

any of the participants in any matter that would raise questions about the integrity

of the mediation. When a mediator develops personal or professional

relationships with parties, other individuals or organizations following a

mediation in which they were involved, the mediator should consider factors such

as time elapsed following the mediation, the nature of the relationships

established, and services offered when determining whether the relationships

might create a perceived or actual conflict of interest.

A. A mediator shall mediate only when the mediator has the necessary competence

to satisfy the reasonable expectations of the parties.

1. Any person may be selected as a mediator, provided that the parties are

satisfied with the mediator’s competence and qualifications. Training,

experience in mediation, skills, cultural understandings and other qualities

are often necessary for mediator competence. A person who offers to

serve as a mediator creates the expectation that the person is competent to

mediate effectively.

2. A mediator should attend educational programs and related activities to

maintain and enhance the mediator’s knowledge and skills related to

mediation.

3. A mediator should have available for the parties’ information relevant to

the mediator’s training, education, experience and approach to conducting

a mediation.

B. If a mediator, during the course of a mediation determines that the mediator

cannot conduct the mediation competently, the mediator shall discuss that

determination with the parties as soon as is practicable and take appropriate steps

to address the situation, including, but not limited to, withdrawing or requesting

appropriate assistance.

C. If a mediator’s ability to conduct a mediation is impaired by drugs, alcohol,

medication or otherwise, the mediator shall not conduct the mediation.

A. A mediator shall maintain the confidentiality of all information obtained by the

mediator in mediation, unless otherwise agreed to by the parties or required by

applicable law.

1. If the parties to a mediation agree that the mediator may disclose

information obtained during the mediation, the mediator may do so.

2. A mediator should not communicate to any non-participant information

about how the parties acted in the mediation. A mediator may report, if

required, whether parties appeared at a scheduled mediation and whether

or not the parties reached a resolution.

3. If a mediator participates in teaching, research or evaluation of mediation,

the mediator should protect the anonymity of the parties and abide by their

reasonable expectations regarding confidentiality.

B. A mediator who meets with any persons in private session during a mediation

shall not convey directly or indirectly to any other person, any information that

was obtained during that private session without the consent of the disclosing

person.

C. A mediator shall promote understanding among the parties of the extent to which

the parties will maintain confidentiality of information they obtain in a mediation.

D. Depending on the circumstance of a mediation, the parties may have varying

expectations regarding confidentiality that a mediator should address. The parties

may make their own rules with respect to confidentiality, or the accepted practice

of an individual mediator or institution may dictate a particular set of

expectations.

A. A mediator shall conduct a mediation in accordance with these Standards and in a

manner that promotes diligence, timeliness, safety, presence of the appropriate

participants, party participation, procedural fairness, party competency and

mutual respect among all participants.

1. A mediator should agree to mediate only when the mediator is prepared to

commit the attention essential to an effective mediation.

2. A mediator should only accept cases when the mediator can satisfy the

reasonable expectation of the parties concerning the timing of a mediation.

3. The presence or absence of persons at a mediation depends on the

agreement of the parties and the mediator. The parties and mediator may

agree that others may be excluded from particular sessions or from all

sessions.

4. A mediator should promote honesty and candor between and among all

participants, and a mediator shall not knowingly misrepresent any material

fact or circumstance in the course of a mediation.

5. The role of a mediator differs substantially from other professional roles.

Mixing the role of a mediator and the role of another profession is

problematic and thus, a mediator should distinguish between the roles. A

mediator may provide information that the mediator is qualified by

training or experience to provide, only if the mediator can do so consistent

with these Standards.

6. A mediator shall not conduct a dispute resolution procedure other than

mediation but label it mediation in an effort to gain the protection of rules,

statutes, or other governing authorities pertaining to mediation.

7. A mediator may recommend, when appropriate, that parties consider

resolving their dispute through arbitration, counseling, neutral evaluation

or other processes.

8. A mediator shall not undertake an additional dispute resolution role in the

same matter without the consent of the parties. Before providing such

service, a mediator shall inform the parties of the implications of the

change in process and obtain their consent to the change. A mediator who

undertakes such role assumes different duties and responsibilities that may

be governed by other standards.

9. If a mediation is being used to further criminal conduct, a mediator should

take appropriate steps including, if necessary, postponing, withdrawing

from or terminating the mediation.

10. If a party appears to have difficulty comprehending the process, issues, or

settlement options, or difficulty participating in a mediation, the mediator

should explore the circumstances and potential accommodations,

modifications or adjustments that would make possible the party’s

capacity to comprehend, participate and exercise self-determination.

B. If a mediator is made aware of domestic abuse or violence among the parties, the

mediator shall take appropriate steps including, if necessary, postponing,

withdrawing from or terminating the mediation.

C. If a mediator believes that participant conduct, including that of the mediator,

jeopardizes conducting a mediation consistent with these Standards, a mediator

shall take appropriate steps including, if necessary, postponing, withdrawing from

or terminating the mediation.

A. A mediator shall be truthful and not misleading when advertising, soliciting or

otherwise communicating the mediator’s qualifications, experience, services and

fees.

1. A mediator should not include any promises as to outcome in

communications, including business cards, stationery, or computer-based

communications.

2. A mediator should only claim to meet the mediator qualifications of a

governmental entity or private organization if that entity or organization

has a recognized procedure for qualifying mediators and it grants such

status to the mediator.

B. A mediator shall not solicit in a manner that gives an appearance of partiality for

or against a party or otherwise undermines the integrity of the process.

C. A mediator shall not communicate to others, in promotional materials or through

other forms of communication, the names of persons served without their

permission.

A. A mediator shall provide each party or each party’s representative true and

complete information about mediation fees, expenses and any other actual or

potential charges that may be incurred in connection with a mediation.

1. If a mediator charges fees, the mediator should develop them in light of all

relevant factors, including the type and complexity of the matter, the

qualifications of the mediator, the time required and the rates customary for

such mediation services.

2. A mediator’s fee arrangement should be in writing unless the parties request

otherwise.

B. A mediator shall not charge fees in a manner that impairs a mediator’s

impartiality.

1. A mediator should not enter into a fee agreement which is contingent upon

the result of the mediation or amount of the settlement.

2. While a mediator may accept unequal fee payments from the parties, a

mediator should not use fee arrangements that adversely impact the

mediator’s ability to conduct a mediation in an impartial manner.

A. A mediator should act in a manner that advances the practice of mediation. A

mediator promotes this Standard by engaging in some or all of the following:

1. Fostering diversity within the field of mediation.

2. Striving to make mediation accessible to those who elect to use it,

including providing services at a reduced rate or on a pro bono basis as

appropriate.

3. Participating in research when given the opportunity, including obtaining

participant feedback when appropriate.

4. Participating in outreach and education efforts to assist the public in

developing an improved understanding of, and appreciation for,

mediation.

5. Assisting newer mediators through training, mentoring and networking.

B. A mediator should demonstrate respect for differing points of view within the

field, seek to learn from other mediators and work together with other mediators

to improve the profession and better serve people in conflict.