Ark. ADR Comm'n Req. Conduct Mediation (front matter)

ARKANSAS ALTERNATIVE DISPUTE RESOLUTION COMMISSION

REQUIREMENTS

FOR THE CONDUCT OF MEDIATION AND MEDIATORS

The Requirements for the Conduct of Mediation and Mediators have three primary goals:

1) serve as a guide for the conduct of mediators; 2) inform the mediating parties; and 3) instill

public confidence in the mediation process

I. INTRODUCTION

These requirements serve as the foundation for the conduct of mediators practicing in the

state of Arkansas. They set out standards of behavior for mediators in relationship to the parties

in dispute, fellow mediators, and the citizens of Arkansas.

These requirements are not a comprehensive list of the ethical considerations which

should guide the conduct of a mediator. However, they are framework for the ethical practice of

mediation.

Violation of The Requirements for the Conduct of Mediation and Mediators may result in

disqualification from the Commission’s Roster of Mediators.

II. SCOPE, DEFINITION, MEDIATOR’S ROLE, GENERAL PRINCIPLES, AND

EFFECTIVE DATE

A. Scope. The Requirements set out in this document shall apply to all mediators

included on the Arkansas Alternative Dispute Resolution Commission’s Roster of Mediators.

The Commission recommends that all mediators practicing in the state of Arkansas adhere to

these requirements.

B. Definition of Mediation. Mediation is a dispute settlement process in which a

neutral third party assists disputing parties in reaching a mutually acceptable agreement. The

mediator may suggest alternatives, but does not create an agreement for, or impose an agreement

on, the parties. Mediation is a non-adversarial process in which the objective is the

encouragement and facilitation of a mutually acceptable agreement based on the parties self-

determined needs, interests, and values.

C. Mediator’s Role. In mediation, decision-making authority rests with the disputing

parties. The role of the mediator includes, but is not limited to, assisting the disputing parties in

identifying issues, facilitating communication, focusing the disputing parties on their interests

maximizing the exploration of alternatives, and helping the disputing parties reach voluntary

agreements. The mediator may offer options for the parties to consider as settlement terms but is

not to judge or impose settlement terms on the parties.

D. General Principles. Mediation is based on principles of communication, negotiation,

facilitation, and the technique or method of solving problems. It emphasizes:

(1.) The needs and interests of the disputing parties;

(2.) Fairness and the merits of the issues as defined by the parties;

(3.) Procedural flexibility;

(4.) Privacy and confidentiality;

(5.) Full disclosure; and

(6.) Self-determination.

E. Effective Date. April 13, 2001.

III. STANDARDS