NMMA Mediation Ethics and Standards of Practice
• NMMA Ethics.
EthicsandStandards.pdf [32.27 KB]
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• New Mexico Mediation Association Code PDF .
• ABA, AAA and ACR Model & Standards PDF.
MODELSTANDARDS.pdf [64.35 KB]
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• New Mexico ADR Procedures Act PDF.
Mediation Act.PDF [174.53 KB]
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NMMA Ethics Standard
Role of the Mediator:
• Acquires informed consent of all parties to mediate.
• Facilitates a communication process that may bring disputes to resolution.
•Fosters empowerment of the parties for decision-making.
• Remains impartial and does not render decisions or give advice.
• Discloses training, experience, and any connection or relationship to any of the parties.
• Maintains open and professional relationship with others working on the same case.
• Does not cross disciplines while engaged as a mediator. For example, attorney mediators do not practice law during mediation, nor advocate, nor weigh the legal merits of a case. Counselor mediators do not provide counseling during the mediation process.
• Complies with all statutory requirements for reporting domestic, elder or child abuse or other threats of physical harm.
• Maintains the integrity of the process.
• The Mediation process is confidential, except as required by law.
• The Mediator makes no claims or promises of a specific outcome for the mediation.
• The Mediator does not seek to advance his/her own interests at the expense of the parties. The Mediator discloses any actual or potential biases or conflicts of interest.
• The Mediator does not accept commissions, gifts, rebates or referral fees.
Mediation Standards Of Practice:
• The mediator asks the parties to consider the impact of their decisions on their future.
• The mediator encourages the parties to seek independent advice when necessary e.g.: legal, accounting, counseling.
• Mediator's fees are reasonable and disclosed in advance of the mediation.
Mediators' Professional Obligations:
• Mediators seek to maintain and improve their professional skills.
• Mediators support the profession by mentoring novice mediators.
• Mediators educate the public about mediation.
• Mediators make mediation accessible with pro bono or reducedfee for service when appropriate.
• Mediators address abuses within the profession and strive with their peers to reach the highest ethical and professional standard.
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