Glenn Currier c/o ACR ACR Training Section

Professional Development > ACR Trainers Resource Project > Mediation Case Scenarios > Scenarios: Impartiality

ACR Trainers Resource Project

Mediation Case Scenarios
Impartiality

Impartiality

Case Secnario 6: Ethics Issue - Employment
Case Scenario 7: Ethics Issue - Employment
Case Scenario 11: Ethics Issue - Not specitied
Case Scenario 12: Ethics Issue - Employment

Case Scenario 6

Ethics Issue: Fairness of the Process, Self-Determination, Impartiality
Type of Case Mediated: Employment
Length: 98 words
Author: Corder/Thompson & Associates, www.corderthompson.com

The outcome of the mediation is that Party 1, an employee, is agreeing to do several things and Party 2, the supervisor, is agreeing to do nothing. You know that one of the things Party 1 is agreeing to amounts to giving up things to which she/he is entitled by organizational policy. You have reality tested the agreement and both parties appear to understand the agreement and both have indicated a willingness to sign it. You are concerned that Party 1 is intimidated by Party 2 and may feel that he/she must agree to whatever the supervisor demands.

Case Scenario 7

Ethics Issue: Impartiality, Self Determination
Type of Case Mediated: Employment
Length: 85 words
Author: Corder/Thompson & Associates, www.corderthompson.com

You are an internal mediator mediating a dispute between two employees who have been “strongly encouraged” by their supervisor to attend mediation. They are both very angry with the supervisor, in addition to intensely disliking one another. However, they are discussing the possibility of agreeing to something they believe will allow them to “get even” with the supervisor. What they are discussing is not illegal and doesn’t technically violate agency policy. However, you know that it will have serious negative effects on their division’s performance.

Case Scenario 11

Ethics Issue: Impartiality
Type of Case Mediated: Not Specified
Length: 82 words
Author: Corder/Thompson & Associates, www.corderthompson.com

You work for a state agency and have been asked to conduct a mediation for another state agency. After the mediation begins, you realize that you know a great deal about the case because you have heard about it from your brother who works for one of the parties. You didn't realize this ahead of time because your brother has never used names when discussing this case with you. In fact, you have been encouraging your brother to recommend mediation for months.

Case Scenario 12

Ethics Issue: Confidentiality, Impartiality
Type of Case Mediated: Employment
Length: 116 words
Author: Corder/Thompson & Associates, www.corderthompson.com

Over the past six months you have mediated three cases involving one supervisor and various employees. In all three cases the parties were able to reach an agreement and the mediation program’s follow up suggests that the agreements are working. You have been asked to do still another mediation involving this supervisor. You have two concerns. First, you have heard rumors in the agency that you are seen as the “supervisor’s mediator.” Second, you have taken an intense dislike to this supervisor who you think is a terrible manager and is manipulative. You do not want to take this case, but you are not sure how to explain this in a way that doesn’t violate confidentiality.