Iowa Chapter 11 — Standards of Conduct for Mediators outlines the ethical standards that mediators in the state of Iowa must adhere to. The standards provide guidance on the practice of mediation and the roles of the mediator, parties, and counsel. The standards are divided into seven sections: General Standards, Confidentiality, Impartiality, Competence, Fee and Fee Disclosure, Advertising, and Conflict of Interest. Within each section, the standards outline the expectations of mediators, including but not limited to, maintaining impartiality, treating parties and counsel with respect and courtesy, avoiding conflicts of interest, and providing parties with accurate information regarding mediation. The standards also provide guidance on the expectations of the parties and counsel, such as maintaining confidentiality, and offering reasonable assistance to the mediator in the process. The standards are intended to promote fairness and integrity in the mediation process.
Iowa Chapter 11 - Standards of Conduct for Mediators
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A mediator should not render a decision on the issues in dispute. The primary responsibility for the resolution of a dispute rests with the parties. mediator should not coerce a party in anyway. A mediator may make suggestions, but all settlement decisions are to be made voluntarily by the parties themselves.
Quality of the Process: A mediator shall conduct mediation in a manner that promotes diligence, timeliness, safety, presence of the appropriate participants, party participants, procedural fairness, party competency, and mutual respect among all parties.
A MEDIATOR SHOULD PROTECT THE VOLUNTARY PARTICIPATION OF EACH PARTY. The right of the parties to reach a voluntary agreement is central to the mediation process. Consequently, a mediator should act and conduct the process in ways that maximize its voluntariness.
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Mediator shall respect and encourage self-determination by the parties in their decision whether, and on what terms, to resolve their dispute, and shall refrain from being directive and judgmental regarding the issues in dispute and options for settlement.
WHAT IS A CONFLICT OF INTEREST? Rule 10.340, Rules for Certified and Court-Appointed Mediators states that, ?A conflict of interest arises when any relationship between the mediator and the mediation participants or the subject matter of the dispute compromises or appears to compromise the mediator's impartiality.?
(1) The mediator shall be impartial and independent of the parties. (2) The parties may agree that the mediator shall have specific qualifications or expertise. (1) There shall be one mediator or two co-mediators. Each mediator shall be appointed by agreement of the parties.
The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.