The New York Ethical Standards for Mediators provide professional guidance for mediators practicing in New York State. These standards ensure that mediators adhere to a set of best practices in order to promote effective and equitable resolutions to disputes. There are three types of ethical standards for mediators in New York State: 1. New York Uniform Mediation Act (YUMA): The YUMA is a set of guidelines that outlines the roles, responsibilities, and powers of mediators when engaged in the mediation process. The YUMA covers topics such as confidentiality, neutrality, and disclosure, and these guidelines are designed to protect those involved in the mediation process. 2. New York State Council on Divorce Mediation (SYSTEM): The SYSTEM is an organization of mediators who have agreed to adhere to a set of professional standards developed by the organization. These standards cover topics such as qualifications, fees, conflict of interest, impartiality, and disclosure. 3. New York State Bar Association (NY SBA): The NY SBA has developed a set of ethical guidelines for mediators that are similar to those found in the YUMA and the SYSTEM. These guidelines cover topics such as impartiality, confidentiality, and disclosure. In addition to the above ethical standards, mediators in New York State are expected to adhere to a code of professional conduct which can be found on the New York State Bar Association's website. This code outlines the expectations of mediators and provides guidance on topics such as impartiality, confidentiality, and professionalism.
New York Ethical Standards for Mediators
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FAQ
Integrity is about doing the right thing; it is being incorruptible, honest, and above all, doing all these things when no one is around to see it. A mediator must disclose all possible conflict of interest, which may cast a shadow over his impartiality and integrity to mediate the dispute.
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.
These documents and other ethics codes established by a variety of national and state organizations cover a variety of issues, but focus most often on common problems: recurring themes include impartiality, confidentiality, neutrality, Disclosures, neutral's duty to avoid claiming expertise where the neutral has none,
The most widely known is the one introduced by Beauchamp and Childress. This framework approaches ethical issues in the context of four moral principles: respect for autonomy, beneficence, nonmaleficence, and justice (see table 1).
Mediators shall make reasonable efforts to ensure the parties understand the mediation process before mediation starts. Mediators have a duty to conduct a process that provides parties with the opportunity to participate in the mediation and encourages respect among the parties.
Because they are not subject to formal regulations, practitioners of mediation have a responsibility to conduct themselves ing to strong and consistent ethical principles. Impartiality. To be effective, fair and professional, mediators must act as impartial and neutral parties.Integrity.Confidentiality.Honesty.