The Uniform Mediation Act
In United States of America, the rules that govern the mediation vary by states. Some of the states have distinct expectations for the certification, ethical standards and confidentiality. However, these rules only cover the activity within the court system. The commercial mediators who practise outside the court system may not have such legal protections. The state laws that concern the lawyers are often differ widely from those that concerns with the mediators. Some professional mediators at many times consider the option of liability insurance.
The Uniform Mediation Act 2001 was established to promote the consistency between the policies of the States and to create a standard, nationwide framework to protect the confidentiality of mediation …show more content…
Besides, there is also the Model Standards of Conduct for Mediators jointly created in 1994 by the American Bar Association’s Section of Dispute Resolution, American Arbitration Association, and the Association for Conflict Resolution. The model standards of conduct can be served as a guideline for the conduct and behaviour of mediators; to advise the mediating parties and also to entrust confidence in public in using the mediation as a process to resolve disputes.
In this Model Standards of Conduct for Mediators, a mediator shall carry out the mediation based on the principle of party self-determination. A mediator shall also decline to carry out the mediation if the mediator cannot conduct it in a fair and impartial manner. A mediator shall also avoid the conflict of interest during and after a mediation. Competency is also a necessary standard of conduct for mediator as the mediator shall only conduct a mediation when he or she is competent to satisfy the reasonable expectations of the parties. In mediation, confidentiality of the mediation is vital. Thus, this model also includes a standard which provides that a mediator shall preserve the confidentiality and discretion of all information obtained by the mediator in the mediation, unless otherwise approved by the parties or required by the applicable
The Uniform Mediation Act 2001 was established to promote the consistency between the policies of the States and to create a standard, nationwide framework to protect the confidentiality of mediation …show more content…
Besides, there is also the Model Standards of Conduct for Mediators jointly created in 1994 by the American Bar Association’s Section of Dispute Resolution, American Arbitration Association, and the Association for Conflict Resolution. The model standards of conduct can be served as a guideline for the conduct and behaviour of mediators; to advise the mediating parties and also to entrust confidence in public in using the mediation as a process to resolve disputes.
In this Model Standards of Conduct for Mediators, a mediator shall carry out the mediation based on the principle of party self-determination. A mediator shall also decline to carry out the mediation if the mediator cannot conduct it in a fair and impartial manner. A mediator shall also avoid the conflict of interest during and after a mediation. Competency is also a necessary standard of conduct for mediator as the mediator shall only conduct a mediation when he or she is competent to satisfy the reasonable expectations of the parties. In mediation, confidentiality of the mediation is vital. Thus, this model also includes a standard which provides that a mediator shall preserve the confidentiality and discretion of all information obtained by the mediator in the mediation, unless otherwise approved by the parties or required by the applicable