Arkansas Administrative Code › Agency 187 - Alternative Dispute Resolution Commission › Rule 187.00.07-002 - Requirements for the Conduct of Mediation and Mediators

Current through Register Vol. 49, No. 6, June, 2024
The Requirements for the Conduct of Mediation and
			 Mediators
have three primary goals:
1) serve as a guide for the conduct of
		  mediators;
2) inform the mediating
		  parties; and
3) instill public
		  confidence in the mediation process. These requirements are drawn from existing
		  codes of conduct for mediators and address issues and problems which have
		  surfaced in mediation practice.
I.
		  INTRODUCTION
These requirements serve as the foundation for the conduct of
			 mediators practicing in the state of Arkansas. They set out standards of
			 behavior for mediators in relationship to the parties in dispute, fellow
			 mediators, and the citizens of Arkansas.
These requirements are not a comprehensive list of the ethical
			 considerations which should guide the conduct of a mediator. However, they are
			 framework for the ethical practice of mediation.
Nothing in these requirements should be interpreted to establish
			 or augment any substantive legal duty on the part of mediators. Violation of a
			 Standard shall not give rise to a cause of action nor shall it create any
			 presumption that a legal duty has been breached. However, violation of
The Requirements for the Conduct of Mediation and Mediators
may result in disqualification from the Commission=s Roster of
			 Mediators.
II
SCOPE,
		  DEFINITION, MEDIATOR = S ROLE, GENERAL PRINCIPLES, AND EFFECTIVE DATE
A.
Scope.
The Requirements set
		  out in this document shall apply to all mediators included on the Arkansas
		  Alternative Dispute Resolution Commission=s Roster of Mediators. The Commission
		  recommends that all mediators practicing in the state of Arkansas adhere to
		  these requirements.
B.
Definition of Mediation.
Mediation is a dispute settlement process
		  in which a neutral third party assists disputing parties in reaching a mutually
		  acceptable agreement. The mediator may suggest alternatives, but does not
		  create an agreement for, or impose an agreement on, the parties. Mediation is a
		  non-adversarial process in which the objective is the encouragement and
		  facilitation of a mutually acceptable agreement based on the parties
		  self-determined needs, interests, and values.
C.
Mediator = s Role.
In
		  mediation, decision-making authority rests with the disputing parties. The role
		  of the mediator includes, but is not limited to, assisting the disputing
		  parties in identifying issues, facilitating communication, focusing the
		  disputing parties on their interests maximizing the exploration of
		  alternatives, and helping the disputing parties reach voluntary agreements. The
		  mediator may offer options for the parties to consider as settlement terms, but
		  is not to judge or impose settlement terms on the parties.
D.
General Principles.
Mediation
		  is based on principles of communication, negotiation, facilitation, and the
		  technique or method of solving problems. It emphasizes:
(1.) The needs and interests of the disputing
		  parties;
(2.) Fairness and the
		  merits of the issues as defined by the parties;
(3.) Procedural flexibility;
(4.) Privacy and confidentiality;
(5.) Full disclosure; and
(6.) Self-determination.
E.
Effective Date.
April 13,
		  2001.