The Michigan Standards of Conduct for Mediators is a set of ethical guidelines developed by the Michigan State Bar Association (SBA). These standards provide guidance to mediators in the state of Michigan in performing their duties and responsibilities. The standards are intended to promote fairness, confidentiality, and respect for all parties in a dispute resolution. The Michigan Standards of Conduct for Mediators are divided into two categories: General Standards and Specific Standards. General Standards: The General Standards provide the general ethical principles to which all mediators should adhere. These include the responsibility to maintain impartiality, to respect the autonomy of the parties, to act with integrity and fairness in all matters, and to ensure confidentiality. Specific Standards: The Specific Standards provide additional guidance specific to the mediator’s role in facilitating dispute resolution. These standards cover topics such as the mediator’s role in educating the parties, the mediator’s responsibility to ensure the parties understand the process, the mediator’s obligation to inform the parties of any existing or potential conflicts of interest, and the mediator’s professional demeanor and communication with the parties. The Michigan Standards of Conduct for Mediators are intended to help ensure that mediators in the state of Michigan are providing the most effective and ethical services to their clients.
Michigan Standards of Conduct for Mediators
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Are You Following the Three P's of Successful Mediation? Preparation. First and foremost, a mediation is the most productive when both parties have spent some time preparing their case.People. In many cases, one party often views the underlying dispute as a personal insult.Patience.
A MEDIATOR SHOULD PROTECT THE VOLUNTARY PARTICIPATION OF EACH PARTY. The right of the parties to reach a voluntary agreement is central to the mediation process. Consequently, a mediator should act and conduct the process in ways that maximize its voluntariness.
Mediator shall respect and encourage self-determination by the parties in their decision whether, and on what terms, to resolve their dispute, and shall refrain from being directive and judgmental regarding the issues in dispute and options for settlement.
A mediator shall conduct mediation in an impartial manner and avoid conduct that gives the appearance of partiality. ?Impartial manner? means freedom from favoritism, bias, or prejudice in word, action or appearance, and includes a commitment to assist all participants.
The most successful mediators are empathetic, non-judgemental, have patience and persistence, are optimistic, trustworthy, sharp minded and creative and that they have a good common sense and a good sense of humour.
A mediator should address any concerns regarding his/her impartiality and, when appropriate, should offer to withdraw. all actual and potential conflicts that may call into question his/her impartiality to the parties. After disclosure, it is the right of the parties to decide if they wish the mediator to continue.
Because they are not subject to formal regulations, practitioners of mediation have a responsibility to conduct themselves ing to strong and consistent ethical principles. Impartiality. To be effective, fair and professional, mediators must act as impartial and neutral parties.Integrity.Confidentiality.Honesty.
The most important tenets of mediator ethics include impartiality, confidentiality, and maintaining a process to ensure party decision-making.