Ethics-Governance: Article: The Identity Of A Mediator

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The Identity Of A Mediator The Identity Of A Mediator, Susan Dearborn. The February, 2001 draft of the proposed Uniform Mediation Act defines mediation as a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. The words neutral and/or impartial have been excised, as has reference to "an open mind" in the conduct of the process. What are some implications of these excisions for the mediator and the mediation process? Your selected article and the entire Mediate.com Library are yours for free. First we need a small amount of information to best serve you: I am: a member of the public a mediator (including attorney-mediator) an attorney other dispute resolution professional My area code is: or no area code (International) Thanks for the opportunity to serve you. Privacy Why we ask The February, 2001 draft of the proposed Uniform Mediation Act defines mediation as a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. The words neutral and/or impartial have been excised, as has reference to "an open mind" in the conduct of the process. What are some implications of these excisions for the mediator and the mediation process? Below three viewpoints are included, that of this author, ethics chairperson, Washington Mediation Association (WMA), former chair SPIDR ethics committee and member of the joint committee drafting the Model Standards of Conduct for Mediators (1994), that of Nicholas Wagner, attorney, member of the ADR Section of the Washington State Bar Association and frequent presenter on the subject of the UMA, and Cris Currie, President of the Washington Mediation Association, teacher and commentator on ADR issues. All three viewpoints are those of the individual authors. Susan Dearborn Writing to delegates and drafters of the UMA and to those persons interested in the mediation process in professional and client capacities in February 2001: I am writing to you concerning the new proposed definition of mediation in the February 2001 draft of the Uniform Mediation Act, which does not include a requirement of impartiality. Full Article: http://www.mediate.com/articles/dearborn.cfm


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