TMTR Standards for
Ethics Training for Mediators

1. Methodology
   1. It is required that every mediation ethics course include some interactive training methodology (e.g., role playing, small group problem analysis, question/answer games).
   2. Rationale: It is assumed that interaction among participants results in a more engaging, stimulating and meaningful educational experience.
2. Content
   1. It is required that every mediation ethics course include the objective to familiarize participants with and/or raise awareness of common elements involved in the ethical practice of mediation (e.g., neutrality, confidentiality, client’s right of selfdetermination, avoiding conflicts of interest, fee-setting, professional advice, premediation disclosures, personal biases).
      1. Rationale: At minimum, mediators need to be able to understand basic elements of ethical practice in order to not only avoid ethical problems, but also to identify and deal with them when they arise. This basic knowledge serves as a foundation for the development of the competency areas listed in section 2.B., below.
   2. It is strongly recommended that every mediation ethics course include the objective to do one or more of the following:
      1. Stress the duty to uphold the integrity of the mediation profession by
         1. vigilance in maintaining a working knowledge of prevailing codes of ethics,
         2. strict adherence to those codes, and,
         3. commitment to stay up-to-date through peer review, continuing education, collegial involvement, etc.
            1. Rationale: To engage in ethical practice, mediators need to be aware of expectations regarding professional norms, and to understand the importance of commitment to and support of these norms.
      2. Raise awareness of common mediation ethical controversies (issues like: suggestions vs. no suggestions, difference between providing inormation and offering professional advice).
         1. Rationale: To best evaluate ethical choices, mediators must understand the complexities of professional ethics, including the differing points of view on ethical issues.
      3. Enhance participants’ ability to:
         1. identify and recognize,
         2. analyze, and/or,
         3. appropriately respond to ethical issues that arise in relation to the mediation session, and to do so recognizing that different codes of ethics may apply in different venues;
            1. Rationale: Effective ethics training should move beyond knowledge of basic ethical issues. Mediators must also develop the capacity to analyze ethical issues in order to arrive at an appropriate course of action. In addition, mediators must be able to effectively communicate or put into action their response to an ethical issue, and to recognize how different codes of ethics may apply in different settings
      4. Raise awareness of personal ethics (e.g., how personal ethics are developed, how they may support or conflict with the application of professional codes of ethics)
         1. Rationale: Because personal values are often the basis for ethical decision-making, it is important that mediators understand their own predispositions in order to avoid acting unethically as a result of personal values or biases.

5. Identify possible consequences of unethical behavior.
   1. Rationale: An understanding of how individuals, institutions, professions or the public are impacted by unethical behavior underscores the critical nature of mediator conduct. In addition, mediators who are educated about institutional responses to unethical behavior, such as grievance procedures, may be more sensitive to how their conduct may appear to others.

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Adopted August 25, 2003.
Contact person:
Susan Cefai
Phone: (512) 762-4810
Email: cefais@aol.com