Tuesday, March 01, 2005

A Mediator Declines to Mediate – Why?

Mediator Ethics Advisory Committee Opinion 2004-006 answers the question posed above.

In summary, when a mediator receives a court order in advance of a mediation, which contains provisions which are contrary to the mediator’s role and requires the mediator to act in a manner that is inconsistent with the mediator’s ethical rules, the mediator should decline participation in the mediation.

This is related to a court ordered mediation and good faith. It’s an important opinion to read.

Also, one segment of my Advancing the Profession CME program will address “good faith” participation in mediation.

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