NCJ Number
106674
Journal
Dispute Resolution Forum Dated: (December 1984) Pages: 3-9
Date Published
1984
Length
7 pages
Annotation
This article presents and explains standards of practice for family and divorce mediators as promulgated by the Association of Family and Conciliation Courts (AFCC) and a task force of the Mediation and Arbitration Committees of the American Bar Association's Family Law Section.
Abstract
A comparison of the standards developed by these two bodies reveals considerable harmony although there is a difference in tone and emphasis. The American Bar Association's standards focus on the mediator's duty to define and describe the mediation process and its costs before the parties agree to mediate, confidentiality, impartiality, the duty to ensure the provision of information sufficient for decisionmaking, the termination of mediation, and legal review prior to any agreement. AFCC standards specify mediator duties and procedures for initiating the mediation process, including issue identification, description of the mediation process, and parties' assessment of the appropriateness of mediation. Other AFCC standards address mediator impartiality and neutrality, costs and fees, confidentiality and exchange of information, full disclosure, self-determination, professional advice, parties' ability to negotiate, mediation termination, mediator training and education, and advertising. Remaining standards pertain to relationships with other professionals and the advancement of mediation.