Teaching Mediation Ethics:
Activities for Teaching Ethical Competence

By Mary Thompson  Corder/Thompson & Associates

As the mediation field continues to develop as a profession, there is an increased focus on standards, including ethical standards. Local, state and national mediator organizations are not only developing mediator codes of ethics, but also setting standards for mediator continuing education relating to ethics. This trend presents special challenges for mediation trainers: how to design and teach mediation ethics courses in ways that are engaging, relevant and effective in preparing trainees for the ethical practice of mediation.

A key question for the design of ethics training programs is: What are the competency areas a mediator must develop in order to make and implement ethical decisions? This paper briefly outlines four competency areas and describes examples of training activities for each area.

A. Self Awareness
Ethical decision making involves more than knowing a code of ethics. It involves understanding the variety of personal factors that play a part in ethical decision making: morals, biases, religious and cultural values, etc. These types of personal values impact the mediator's ability to remain neutral and impartial and may also affect the mediator's choice when two ethical tenets come into conflict with each other.

Mediators who have developed awareness of their personal values will be better able to

• Avoid accepting cases where they may not be able to be neutral or impartial
• Better manage their own reactions when events in the mediation challenge their personal values
• Know when to withdraw if their personal values threaten their role as a mediator
• Be clear with the parties regarding their personal boundaries and limits regarding behaviors, topics, etc.

Training Activities

Personal Bias Exercise:
Trainees view pictures of individuals and are asked to make judgments about them (e.g., who is most like you, least like you?). In small groups they discuss the assumptions which form the bases for their judgments.

Stand by Your Values:
Trainer posts flip charts in different areas of the room. Each area represents a choice relating to a question posed by the trainer. (For example: In a barking dog mediation, which of the following solutions would be hardest for you to live with as a mediator?) Trainees stand by the sign that represents their choice and then are asked to talk with each other about what their choice says about their personal values.

Prisoner's Dilemma:
This standard negotiation game surfaces trainees' values and assumptions about competition and cooperation. Two teams are given a point system based on certain choices they make while in separate rooms. The goal of the game is described in a way that can be interpreted either as a competitive or cooperative outcome.

B. Knowledge of Professional Standards
In any given profession, individuals work within a framework of principles that guide their practice. These principles tend to be designed to protect the consumer, the profession, the practitioner and in some cases, the broader community. In the mediation field, practitioners must understand the laws, organizational policies, certification requirements, and ethical rules or guidelines under which they operate.

Mediators who understand these standards are better able to

• Recognize an ethical dilemma as it arises in the session
• Anticipate situations where different codes of ethics might offer conflicting guidance
• Develop marketing, intake and office procedures to avoid any appearance of unethical behavior
• Establish mediation groundrules or procedures that address appropriate ethical, legal or organizational parameters for the session
• Avoid formal complaints, charges or grievances

Training Activities

Code Comparison:
Using an ethical dilemma, trainees are asked to work in small groups to compare and contrast what various mediation codes say about the specific scenario. The exercise is used to identify the similarities and differences among common mediator codes.

Quiz Show:
Popular TV game shows are adapted to test trainees' knowledge of mediation codes of ethics. Teams can be formed and prizes can be given to make it more of a competitive game.

C. Analysis and Decision-Making Skills
Armed with knowledge of personal values and professional standards, a mediator must also be able to analyze an ethical dilemma and decide on a course of action, often during the fast pace of the mediation session.

Ethical tenets provide clear direction in many situations:

• Situation: Your sister asks you about the divorce mediation you just completed with two prominent citizens
• Ethical Issue: Confidentiality
• Solution: It's clear: You don't talk about the mediation.

What makes a situation a "dilemma" is when two important principles are in conflict with each other.

• Situation: You've just completed a divorce mediation with two prominent citizens. In the mediation you've learned that the father is in treatment for a serious drug problem.
• By coincidence, your sister is acquainted with the father in this mediation through her son's school. She mentions that your 5 year-old nephew will be spending a week with the father and his 5 year-old son at the family's summer home.
• Ethical Issue: Confidentiality
• Personal Value: Protect children/family members from danger
• Solution: It depends.

These are the types of issues that are most challenging for trainers, frustrating for trainees looking for the "right" answer and crucial to ethical practice.

Mediators who are competent in analysis and decision making should be better able to

• Know the questions to ask oneself when analyzing a dilemma
• Choose between conflicting principles of practice
• Understand when action is warranted in an ethical dilemma
• Defend their decision as an ethical choice

Training Activities

Decision Tree:
The trainees are presented with a decision-making model to use in analyzing ethical disputes. Using a case study or demonstration, the class works through the stages to arrive at an ethical solution.

Where Do You Draw the Line?
After describing the situation in the mediation (e.g., the parties ask the mediator for advice) the trainees are presented five to seven responses by the mediator, arranged on a continuum of most supportive of an ethical principle (e.g., self-determination) to least supportive. The trainees discuss the various responses and exchange views of which response actually crosses the line of unethical behavior.

Defend Yourself.
In small groups: three trainees play the part of a grievance committee and are given a copy of the disputant's complaint. The fourth person plays the mediator and is given a copy of the complaint and a description of what actually happened in the mediation. The mediator has to justify their actions to the committee.

D. Performance
Mediators must learn not only how to arrive at an ethical decision, but also how to perform in the moment when a situation presents an ethical dilemma. For that reason, ethics training programs need to provide participatory activities that include demonstrations and practice of what a mediator would actually do or say to deal with an ethical dilemma.

Mediators with competence in this area will better be able to implement a course of action in a way that minimizes damage to the parties, to the process and to the role of the mediator.

Training Activities

Role Play:
In small groups, two trainees play the role of disputants and one or two trainees play the role of the mediator. During the course of the role play several ethical dilemmas arise which are described in the disputants' instructions. The mediator receives feedback on how effectively he or she dealt with the dilemmas.

Stop-Action Demonstration:
Trainees watch a simulated role play and stop it at the point they recognize that an ethical dilemma has come up. They discuss the dilemma as a class and develop a strategy for the mediator. They observe as the mediator implements their strategy and then discuss the effects of the mediator's response.

Quick Decisions:
In small groups, two trainees play the roles of disputants and one plays the role of the mediator. Reading a brief script, the disputants' conversation gives rise to an ethical dilemma. The mediator responds. The entire group then offers the feedback on how ethical and effective the response was. The exercise continues for several rounds until everyone has had a chance to be in the mediator role.

In the mediation field, the role of standards, rules and enforcement has become a major focus for encouraging quality of practice. But the more exciting opportunity relates to the role of training and, more specifically, in developing mediators with the self awareness, judgment, skills and desire to be thoughtful, responsible and ethical practitioners. Key to this effort will be well-designed, engaging training programs which speak directly to the key areas of mediator ethical competence.

Mary Thompson, Corder/Thompson & Associates is a mediator and trainer based in Austin, Texas. Ms. Thompson is currently coordinator for the Association for Conflict Resolution’s Trainers Resource Project, a website which will initially focus on resources for teaching mediation ethics.

Copyright by Corder/Thompson & Associates 2004