The Intersection of Mediator Ethics, Disputant Ethics, and Self-Determination

Concurrent Session 6
Friday, February 23 2:00 - 3:30 PM
Sala Promenade

Session Description:

Mediator ethics have evolved over the past 20+ years. Ethical standards for mediators are provided by both the State Bar of Texas ADR Section and the Texas Mediator Credentialing Association, and most basic mediation training modules place great emphasis on the ethical behavior of mediators during a mediation. However, although there is a process to discuss ground rules or guidelines for a successful mediation with the disputants, there is little or no discussion of disputant ethics in a mediation.
One of the underpinnings of a mediation is the capacity of the parties (disputants) to operate from a position of self-determination. As mediators are expected to adhere to their ethics and provide guidelines for healthy communications during mediation, they are also expected to determine the disputants' capacity for self-determination. This workshop will explore how the recognition of mediator ethics, disputant ethics, and self-determination improves the potential for a successful outcome in any mediation.

Ethics credit: 1.5