N.C. Stds. Prof'l Conduct for Mediators Standard 7

A mediator shall not allow the mediator’s personal interest to

interfere with his or her primary obligation to impartially serve the parties

to the dispute.

(a) A mediator shall place the interests of the parties above the interests of

any court or agency which has referred the case, if such interests are in conflict.

(b) If a party is represented or advised by a professional advocate or

counselor, then a mediator shall place the interest of the party over the mediator’s

own interest in maintaining cordial relations with the professional advocate or

counselor, if such interests are in conflict.

(c) A mediator who is a lawyer, therapist, or other professional, and the

mediator’s professional partners or co-shareholders, shall not advise, counsel, or

represent any of the parties in future matters concerning the subject of the dispute,

an action closely related to the dispute, or an outgrowth of the dispute when the

mediator or his or her staff has engaged in a substantive conversation with a party

to the dispute. A substantive conversation is one that goes beyond a discussion of the

general issue in dispute, the identity of parties or participants, and scheduling or

administrative issues. Any disclosure that a party might expect the mediator to hold

confidential under Standard 3 is a substantive conversation.

A mediator who is a lawyer, therapist, or other professional may not mediate

the dispute when the mediator, the mediator’s professional partners, or the

mediator’s co-shareholders have advised, counseled, or represented any of the parties

in any matter concerning the subject of the dispute, in any action closely related to

the dispute, in any preceding issue in the dispute, or in any outgrowth of the dispute.

(d) A mediator shall not charge a contingent fee, or a fee based on the

outcome of the mediation.

(e) A mediator shall not use information obtained, or relationships formed,

during a mediation for personal gain or advantage.

(f) A mediator shall not knowingly contract for mediation services that

cannot be delivered or completed in a timely manner or as directed by the court.

(g) A mediator shall not prolong a mediation for the purpose of charging a

higher fee.

(h) A mediator shall not give any commission, rebate, or other monetary or

non-monetary form of consideration to a party, or representative of a party, in return

for a referral or due to an expectation of a referral of clients for mediation services.

A mediator should neither give nor accept any gift, favor, loan, or other item of

value that raises a question as to the mediator’s impartiality. However, a mediator

may give or receive de minimis offerings such as sodas, cookies, snacks, or lunches

served to those attending a mediation conducted by the mediator, that are intended

to further the mediation or show respect for cultural norms.