25-4-58.2 Conduct of Family Court Mediators.
25-4-58.2.
Conduct of Family Court Mediators.
Mediators are expected to conduct
themselves by the highest ethical standards. Mediators should conduct themselves and mediations
according to the following general principles:
(1)
A mediator should recognize that mediation is based on participation and
self-determination by the parties. A mediator shall conduct the mediation process fairly,
diligently, impartially and in a manner consistent with assisting the parties in reaching a
voluntary, uncoerced agreement on the issues outstanding between them.
(2)
A mediator shall fully disclose to all parties involved in the mediation any actual or
potential conflicts of interest. A mediator shall not accept or shall withdraw from any
mediation in which the mediator has reason to believe he or she cannot conduct the
mediation in an impartial manner. After full disclosure of an actual or potential conflict
of interest to the parties, the mediator shall withdraw from the mediation if requested by
any party to do so.
(3)
A mediator should maintain confidentiality at all times except as provided by law or court
order. A mediator may otherwise disclose information regarding the mediation only with
the expressed consent of the parties.
(4)
A mediator shall fully disclose to the parties and explain the basis of compensation, fees,
and other charges to the parties. This disclosure should occur at the first meeting of the
mediator and the parties.
Source: Supreme Court Rule 96-7; Supreme Court Rule 97-42.
Chapter 25-4