Base on the assignment you just did,(Ethical or Unethical?)

Part # 1

Based on the Florida Standards of Conduct for Mediators, questions from the Ethical Considerations and Tactical Preparations p. 82-83 are answered as follow: 

QuestionsAnswersAre there limits to mediator neutrality?Not MentionedDo mediators always need to be impartial?Mediators shall adhere to the highest standards of impartiality. On commencement of the mediation session, a mediator shall inform all parties that the mediator is an impartial facilitatorA mediator shall be impartial and advise all parties of any circumstances bearing on possible impartiality; and Withdraw from mediation if the mediator believes the mediator can no longer be impartial.Can mediators be ethical practitioners if they lack particular skill competencies?Mediators shall adhere to the highest standards of professional competenceShould mediators be required to adhere to non-discriminatory practice in the acceptance of clients?A mediator shall advise all parties of any circumstances bearing on possible prejudiceShould mediators be expected to do pro bono work?Not MentionedIs it ethical for a mediator to have a bias toward settlement of the problem?A mediator shall advise all parties of any circumstances bearing on possible biasesOn commencement of the mediation session, a mediator shall inform all parties that the mediator may not impose or force any settlement on the parties.A mediator shall not coerce or unfairly influence a party into a settlement agreement Does the mediator have responsibilities to people who are not at the mediation session?Not MentionedShould mediation provider organizations have separate ethical responsibilities?Not MentionedWhen should a mediator withdraw from a case?A mediator shall withdraw from mediation if the mediator believes the mediator can no longer be impartial.Should different contexts of mediation require different standards of practice?Not MentionedAre there limits to the concept of disputant informed consent?On commencement of the mediation session, a mediator shall inform all parties that the process is consensual, that the mediator is an impartial facilitator, and that the mediator may not impose or force any settlement on the parties.Should there be limits to a mediator’s promise of confidentiality?Mediators shall adhere to the highest standards of integrityIs dual role mediation ethical?Not MentionedAre mediators ethically responsible for the fairness of the disputants’ decisions?A mediator shall not make substantive decisions for any party to a mediation processAre referral fees or fees based on settlement appropriate?A mediator shall not give or accept a gift, request, favor, loan, or any other item of value to or from a party, attorney, or any other person involved in or associated with any person involved in, the mediation process.What ethical standards apply to caucuses or private meetings?Not MentionedTo what standards of truthfulness should a mediator be obligated?A mediator shall not intentionally or knowingly misrepresent material facts or circumstances in the course of conducting a mediation

Part # 2

QuestionsEthical or Unethical?You are meeting your best friend after finishing a juicy divorce mediation between two prominent citizens.  Your best friend asks you for some details and you say that you can’t mention their names (wink, wink), but here is what happened (and you summarize what happened in the session).EthicalYou are in the midst of a divorce mediation and your brother, who is a local teacher and is not aware of who your clients are, mentions that he just found out that the school nurse suspects Mr. X (the father in this case) of abusing one of his children and is going to file a report on him.  You are torn on whether to raise the issue in mediation or investigate it yourself.UnethicalYou offer a contract where the fee is based on whether or not the case settles.UnethicalThe mediator, in caucus, mentions admiration for the boat that one party has shown pictures of to prove repairs were not done properly and engages in a long conversation about the best places to go boating.UnethicalOne of the parties expresses deep reluctance about the mediation process.  While the mediator doesn’t expressly say that the person “can’t leave,” the mediator’s language and tone heavily implies that leaving is not an option.UnethicalBecause you never know how difficult a session will be, the mediator makes the rules up as he/she goes along instead of going over the rules and the process with the parties before beginning.UnethicalTwo parties in a neighborhood case are disputing the location of a fence.  In the process of their discussion, they decide that the entire fence should be relocated, including the part owned by a third neighbor.  Is it ethical or unethical if the mediator writes up the agreement that all 3 neighbors will build a new fence?UnethicalThe mediator really grows to admire Jan while mediating a dispute, but is able to maintain impartial regard during the process.  One week after settlement, the mediator calls Jan to get together for a drink.EthicalThe mediator is called by one side to testify in a court proceeding about the details of the mediation session.  The mediator does not want to spend money fighting the court and just testifies.Unethical