Florida International University Ethical Considerations in Mediation Discussion

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Part # 1

• Locate the code of mediator conduct for your state. If there is no state code, locate the Association for Conflict Resolution Code of Conduct. How does the ethical standard answer the 17 questions on pages 82 and 83
• (attached pdf)
• Part # 2
  • After completing Part # 1, answer the following Mediator Ethics Quiz:

  Ethical or Unethical?

  1. 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).
  2. You 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.
  3. You offer a contract where the fee is based on whether or not the case settles.
  4. The 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.
  5. One 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.
  6. Because 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.
  7. Two 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?
  8. The 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.
  9. The 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.