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Search for:  Standards of Practice for Shared Neutrals
Home/Shared Neutrals Program/Standards of Practice for Shared Neutrals Standards of Practice for Shared NeutralsPaula Shank2023-06-06T21:30:45-04:00						**Overview**
While these standards are for mediators to follow, all participants are encouraged to review them carefully. Policies and practices that uphold these standards will help ensure fairness for the parties and the process.
**Competency**
Shared neutrals must meet the basic qualifications for participation in the program. In addition, mediators should strive to enhance their skills. If a mediator feels they are lacking the skills necessary for a particular case, they should decline to serve or withdraw from the case.
Mediators are encouraged to participate in continuing education training, attend professional conferences and meetings to upgrade their skills and enhance their professional development.
Mediators should disclose the limits of their skills or substantive expertise to the parties whenever this may be relevant to a case.
If a mediator does not believe their expertise and skills are adequate to meet the demands of a case, that mediator should decline to serve or withdraw from the mediation.**Impartiality**
Shared neutrals must maintain impartiality toward the parties and the issues in dispute. Where the shared neutral’s impartiality is reasonably in question, the mediator must decline to serve or withdraw from the case.
Impartiality is central to mediation as it directly affects the mediator’s ability to function as a neutral.
Mediators shall not display favoritism or bias toward any party or position taken by a party. The mediator must be committed to aid all parties, as opposed to a single party, in exploring possibilities for resolution.
At the earliest possible opportunity, mediators must disclose any conflicts of interest and/or any present or prior relationship with any of the parties or their representatives. If any of the parties or representatives object to the shared neutrals serving as the result of such disclosure, the mediator must withdraw. If the mediator believes that a previous relationship will compromise impartiality or appears to do so, they must withdraw.
If a mediator or any party believes that the appearance of impartiality is compromised, the mediator must withdraw.
Mediators should exercise discretion and due regard for the appearance of impartiality in establishing new relationships with parties to past mediations.**Confidentiality**
Shared Neutrals shall:
Understand and practice consistently the confidentiality provisions of the Administrative Dispute Resolution Act of 1996.
Apart from statutory duties to report certain kinds of information, be obligated not to disclose to a nonparty, directly or indirectly, any information communicated to the mediator by a party to the mediation process.
Absent statutory duties, not disclose, directly or indirectly, to any party to a mediation, information communicated in confidence by any other party unless that party gives permission to do so.
**Consent**
Mediators should make reasonable efforts to assure that parties understand the mediation process and their options, as well as be able to make informed choices with respect to settlement.  A mediator must explain the mediation process to the parties at the outset, including the role and function of the neutral, and inform the parties of their rights to refuse any offer of settlement or to withdraw from mediation at any time and for any reason.
A mediator must not exert undue pressure on a party to continue mediation or accept an offer. The mediator should encourage parties to consider both the benefits of participation and possible settlement and the costs of withdrawal or impasse.
Where a party appears to be acting under coercion, fear, or without capacity to comprehend the process, issues, or options for settlement, the mediator must explore the circumstances with the party.  Unless the party objects, the mediator must discontinue mediation. If the party insists on continuing, mediator may do so but should continue to raise the question and check for willingness to proceed.**Self-Determination**
Shared neutrals must respect and encourage self-determination by the parties in their decision to resolve their dispute. Shared neutrals should refrain from being directive or judgmental regarding the issues in dispute or the options for settlement.
The parties have the responsibility for deciding whether and on what terms to resolve their dispute. The mediator should assist them in making informed and thoughtful decisions.
The mediator should assist the parties in considering acceptability, sufficiency, feasibility and impact on third parties when evaluating proposed options for settlement,
The mediator may make neutral suggestions for the parties. However, the mediator should not make decisions for the parties or express opinions about or advise for or against any proposal under consideration.
If a party seeks advice, the mediator must recommend that the party consult legal counsel.
If the mediator believes that an agreement desired by the parties could not be enforced, because it is illegal or unenforceable, or for any other reason, the mediator should inform the parties.****
**Separation of Mediation (Counseling and/or Providing Legal Advice)**
Shared neutrals should refrain from giving legal or therapeutic information or advice.
A mediator may, in areas where they are knowledgeable and experienced, raise questions regarding the information presented by the parties, including information about the law.
A mediator should never provide professional advice to the parties or express a professional or personal opinion on an issue or option for settlement. A mediator must never assume the role of advocate for either party’s interests, but they may provide relevant information, including citation to a specific the law.
If the mediator believes a party is acting without adequate information or legal or other professional advice on legal or psychological aspects of the issues presented, the shared mediator should raise the option of obtaining independent expert advice prior to resolving issues and afford the parties the opportunity to do so.**Promotion of Respect/Control of Abuse (of the Process)**
Shared neutrals should encourage an atmosphere of mutual respect and take reasonable steps subject to the principle of self-determination, to limit abuse of the mediation process.
The mediator should be mindful that potential for abuse of the process is present in any mediation.
The mediator should make reasonable efforts to prevent manipulation and intimidation by either party.
The shared mediator should assist the parties in establishing a dialogue that promotes understanding and respect for the other’s positions and concerns even if the parties cannot agree.
Where a mediator discovers intentional abuse of the process, such as non-disclosure or lying, they have an obligation to encourage the abusing party to alter their conduct. The mediator is not obligated to reveal the conduct or to discontinue the process but may discontinue mediation while being careful not to violate the obligation of confidentiality.**Conflicts of Interest**
Shared neutrals must avoid conflicts of interest and resolve all such conflicts in favor of their primary obligation to serve impartially to the parties in the dispute.
A mediator who is a lawyer must not advise or represent either of the parties in future proceedings concerning the subject matter of the dispute. Likewise, the shared neutral who is a therapist or trained counselor must not provide future therapy or counseling to either or both of the parties regarding the subject matter of the dispute.
Mediators are encouraged to contact the Shared Neutrals office for answers to specific questions related to potential conflicts of interest or abuse of government position. If applicable, they also may want to contact their respective Agency Ethics Officer.**Maintenance of Program Integrity**
Shared neutrals shall accept and carry out their assignments consistent with Shared Neutrals program policies and procedures.
Mediators should not accept assignments from an agency unless the assignment is generated by a FMCS Shared Neutrals program administrator; mediators who knowingly do so, are not functioning within the guidelines of the Shared Neutrals program.Shared Neutrals ProgramRequesting a Shared Neutral
Shared Neutrals Policies and Procedures
Standards of Practice for Shared Neutrals
Becoming a Shared Neutral
How Agencies Can Join the Shared Neutrals Program Copyright 2020 FMCS | All Rights Reserved | Privacy Policy  |  EEO/No FEAR Act  |  PAR  |  Terms of Use  |  FOIA  |  Section 508 |  SORNs
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