Mediation is meant to be a dynamic and formal alternative to traditional legal dispute settlements, empowering people to solve their own problems. Mediators are called on to apply their professional backgrounds, creativity, and communication expertise to customize a mediation to work for the individual parties involved. Mediating Minds abides by the following ethical guidelines that standardizes the expectations for everyone involved and provide a path forward.
The Mediator Will Review the Mediator Role and Mediation Process
Before the first session begins, the mediator will orient each party to the mediation process and outline reasonable expectations and commitments. We typically work in 2-3 hour time blocks. The mediator will remain mindful of the tone, tenor and pace of the sessions and will work with the parties to remain productive. Multiple sessions may be necessary depending on the complexity of the conflict.
If it becomes apparent that the clients would benefit from a combined strategy of mediation and a binding arbitration, then the mediator must communicate how their role as a mediator may change with this method.
The Mediator Must Conduct the Mediation as a Neutral Third-Party
Your mediator will conduct the mediation as a neutral third-party and shall refrain from any bias based on the parties’ socioeconomic status, backgrounds and experience, ethnicity, or other personal characteristics. The mediator will abide by a fair and impartial process in which each party is provided an equal opportunity to participate. If a mediator finds that they are unable to remain impartial, either due to personal biases or a conflict of interest, the mediator shall withdraw from the position immediately.
The Mediator Must Act as the Guardian of the Client’s Voluntary Participation
Our clients choose to be here, and it is the mediator’s responsibility to honor the voluntary participation of each individual involved. The mediator will guide the mediation process to maximize the efforts the clients are putting forth to come to an agreement.
In the uncommon scenario that one individual feels forced to attend mediation by a spouse, family member, or representative, the mediator must carefully and discreetly navigate the situation to discover whether it is appropriate for the parties to move forward with mediation at this time.
If mediation is court-ordered and the parties involved are reluctant to participate, the mediator will be sensitive to the natural involuntariness of the situation and ensure all parties that a productive agreement can be reached.
The Mediator is Competent to Facilitate the Session
The mediator will possess sufficient knowledge about the procedures and the issue at hand in order to carry out an effective mediation. It is the mediator’s responsibility to review any documents and statements the parties submit prior to the mediation meeting.
The Mediator Will Maintain Discretion and Confidentiality
The mediator and all parties must review, understand, and agree to confidentiality before the mediation process begins. Before each mediation session, the mediator will orient the parties to the formal process and commitments. The mediator will also reiterate their role as a neutral third-party who is responsible for maintaining confidence of all information disclosed throughout the mediation. The mediator must maintain confidences within mediation and will not disclose any confidential information about any parties involved. Mediators cannot be called to testify.
The Mediator Shall Not Offer Formal Legal Advice
Mediation is meant to be and formal, fluid process that exists outside of the adversarial processes of the court. The mediator will clearly communicate their role as a neutral third-party, not a legal adversary to one party or the other. While some lawyers offer mediation services, they are prevented in mediation from offering legal advice. If it becomes clear that a dispute cannot be settled, a decision will be made to terminate mediation.
The mediator shall be sensitive to the representation of each party and be clear about the limitations of the mediator’s role. If a mediator assists in the preparation of a settlement agreement and if counsel for any party is not present, the mediator will allow and advise each party to have the agreement independently reviewed by appropriate legal counsel prior to executing it.
The mediator will remain updated on the NRS statutes as it relates to mediation and jurisdiction pertaining to the current best practice.