What are the ethical considerations of engaging in mediation?

Engaging in mediation as an alternative to litigation can be an ethical decision. The purpose of mediation is to help parties reach an agreement without further resort to the court. During the mediation process, the mediator should remain impartial and must not advocate for either party. Mediators should also maintain the confidentiality of the proceedings and the information exchanged by the parties. In Washington, mediation is governed by the Code of Civil Procedure, which outlines the ethical responsibilities of a mediator. These include maintaining objectivity, refraining from acts of misconduct, and exercising reasonable and impartial judgment. Moreover, mediators are to encourage parties to resolve their disputes in a manner that is consistent with public policy and the public good. Mediators should also be aware of their role in the dispute resolution process. They must not encourage parties to accept an agreement just to put an end to the dispute and cannot influence their decisions in any way. Furthermore, mediators should be mindful of their interactions with the parties and must not treat one side more favorably than the other. Finally, the mediator must exercise independent judgment and must not succumb to pressure from either party. The mediator should be honest and open with the parties and must be willing to disclose any potential conflicts of interest. By following these ethical considerations, mediators can provide a fair and impartial dispute resolution process.

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What are the ethical considerations of engaging in mediation?

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