New Mexico Mediation Association

NMMA Mediation Ethics and Standards of Practice

• NMMA Ethics.



• New Mexico Mediation Association Code PDF .


• ABA, AAA and ACR Model & Standards PDF.



• New Mexico ADR Procedures Act PDF.


NMMA Ethics Standard
Role of the Mediator:

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.

•••••


Mediation Ethics:

• 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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