Standards of Practice for Mediators at the PSLRB

Mission Statement

Dispute Resolution Services (DRS) is dedicated to providing professional impartial third-party assistance to the parties in resolving disputes between them to their mutual satisfaction.

In fulfilling our mission, DRS believes in the following values:

• Every client is entitled to service that is respectful and timely
• Every client shall be treated fairly, with sensitivity, discretion and courtesy

We shall achieve our mission by abiding by the following standards of practice:¹

Self-Determination: A Mediator Shall Recognize that Mediation is Based on the Principle of Self-Determination by the Parties.

Self-determination is the fundamental principle of mediation. It requires that the mediation process rely upon the ability of the parties to reach a voluntary, uncoerced agreement. Any party may withdraw from mediation at any time.

Quality of the Process: A Mediator Shall Conduct the Mediation Fairly, Diligently, and in a Manner Consistent with the Principle of Self-Determination by the Parties.

A mediator shall work to ensure a quality process and to encourage mutual respect among the parties. A quality process requires a commitment by the mediator to diligence and procedural fairness. There should be adequate opportunity for each party in the mediation to participate in the discussions as they see fit. The parties decide when and under what conditions they will reach an agreement or terminate a mediation; the mediator will play an active role in facilitating these discussions.

Promotion of Mediation: A Mediator Shall be Fair in Promoting Mediation.

Promotion of mediation or any other communication with our clients concerning the mediator and the services offered shall be accurate. Mediators shall refrain from promises and guarantees of results.

Obligations to the Mediation Process: Mediators Have a Duty to Improve the Practice of Mediation.

Mediators have a responsibility to improve their professional skills and abilities. Mediators are regarded as knowledgeable in the process of mediation. They have an obligation to use their knowledge to help educate our clients about mediation, to make mediation accessible to those who would like to use it, and to address irregularity in the process.

Impartiality: A Mediator Shall Conduct the Mediation in an Impartial Manner.

The concept of mediator impartiality is central to the mediation process. A mediator shall mediate only those matters in which she or he can remain impartial and even-handed. If at any time the mediator is unable to conduct the process in an impartial manner, the mediator is obligated to withdraw.

Conflicts of Interest: A Mediator Shall Disclose all Actual and Potential Conflicts of Interest.

A conflict of interest is a situation in which the mediator has or may have conflicting professional or personal interests. Such conflicting interests may make it difficult for the mediator to carry out his or her tasks with impartiality. Even though there may be no evidence of prejudicial conduct, a conflict of interest can create an appearance of wrongdoing that can undermine trust in the person’s ability to act effectively as a mediator. The mediator has a responsibility to disclose all actual and potential conflicts of interest. If all parties agree to mediate after being informed of conflicts, the mediator may proceed with the mediation. If, however, the conflict of interest casts serious doubt on the integrity of the process, the mediator shall decline to proceed.

Competence: A Mediator Shall Mediate Only When the Mediator has the Necessary Qualifications to Satisfy the Reasonable Expectations of the Parties.

It is essential that mediators assigned to the parties have the requisite training, experience and right attributes to fulfill their mandate.

Confidentiality: A Mediator Shall Manage Reasonable Expectations of the Parties with Regard to Confidentiality.

The reasonable expectations of the parties with regard to confidentiality shall be met by the mediator. The parties' expectations of confidentiality depend on the circumstances of the mediation and any agreements they may make. The mediator shall not disclose any matter that a party expects to be confidential unless given permission by all parties.

¹ Adapted from the Standard of Practice drafted by the American Bar Association, the Association for Conflict Resolution and the American Arbitration Association and amended for the purposes of our services within the PSLRB.