Md. Standards of Conduct for Court-Designated ADR Practitioners 3

its members or mediators to follow the Maryland Standards of Conduct for

2 DRAFTERS NOTE: In some instances, a Standard will illuminate the mediator’s obligations under another Standard. In

other instances, there may be a tension between the mediator’s obligations under these Standards.

3 DRAFTERS NOTE: For example, to invoke the Maryland Mediation Confidentiality Act the mediator must state in writing

that the mediator has read and will abide by the Maryland Standards of Conduct for Mediators during the mediation. See

Maryland Code, Courts and Judicial Proceedings, section 3-1802(b).

Mediators.

B. Definitions. For purposes of these Standards:

1. “Certification” means that a public or private entity with criteria for certifying

mediators has determined that the mediator meets those criteria. Different

entities certify mediators based on different criteria, which may include

observation and assessment of the mediator’s skills (“performance based

certification”), a review of the mediator’s training and experience (“paper based

certification”), or both. Obtaining a certificate of completion of a mediation

training does not constitute certification as a mediator.

2. “Competent” and “competence” mean that the mediator has knowledge, skills, and

abilities to mediate.

3. “Conflict of interest” means a past or present personal, professional, or financial

relationship or circumstance that affects or that might reasonably be seen to affect

the mediator’s impartiality or the appearance of the mediator’s impartiality.