Mediator Ethics, Standards, and Disciplinary Rules

What is required?

Chapter 12 of the Uniform Trial Court Rules (UTCR) establishes the minimum qualifications, obligations, and mediator disclosures for court-connected mediators.

Under UTCR 12.040, when mediating court-connected cases, mediators are required to:

1. Tell the court and parties about their relevant mediator ethics code, standards, and relevant rules of their profession.
2. Comply with relevant laws regarding confidentiality.
3. Inform the participants about specific mediator ethics.

What are examples of relevant mediator ethics codes, standards and rules?

For Mediators (General):

• Model Standards of Conduct for Mediators
  Adopted by the American Arbitration Association, the American Bar Association, and the Association for Conflict Resolution
  

• Core Standards of Mediation Practice
  Adopted by the Oregon Mediation Association
  

• Oregon Rules of Professional Conduct (RPCs)
  Rule 2.4 – Lawyer Serving as Mediator
  

For Family Mediators

• Model Standards for Family and Divorce Mediation
  Adopted by the Association of Family and Conciliation Courts
  

• Standards of Practice for Professional Family Mediators
  Adopted by the Academy of Professional Family Mediators