• What does the term “ethics” mean?
• What is meant by intervener ethics?
• What ethical issues might be raised by…
• One of the mediation models (transformative, settlement, facilitative…)?
Ethics and Intervention
Many intervention situations raise ethical issues for intervener (mediator, arbitrator...)
Ethical codes seek to set guidelines to minimize ethics-infractions
They typically do not tell you what steps to take once you determine that there is an ethical issue
o Set standards
o Protect public from unsavoury practitioners
What’s in a code?
Principle of Self-Determination
o Professional advice
Independence and impartiality
Conflict of Interest
Confidentiality and its limits
o Storage of records
Quality of Process
Agreement to proceed
Termination or Suspension of process
Other Conduct Obligations
o Draft up a contract of the end
May also include:
o Relationship with other professionals
o Commentary on client’s ability to negotiate
o Expectation of full disclosure by parties
o Knowledge of limits
Ethics beyond the Code
• There are also situations/challenges that go beyond the ethical code but are still a matter of ethics as no code can
cover off every situation one might encounter…
▫ E.g. Wildly different outcome expectations
▫ E.g. Who is at the negotiation table
▫ E.g. Level of personal responsibility re: conflict
Child and Family Service Act
If a person has reasonable grounds to suspect (used to be knowledge) child may be in need of protection
What triggers the obligation to report?
o Harm or potential harm
o Every person has an obligation to report
o Only those who are professionals and do work in relation to children would be charged if they don’t
do it Intervention Ethics
• Mediators have a huge amount of power
▫ Even a transformative mediators that have no hand in the outcome, there’s still a huge amount of power in
• Implications if mediator is “similar” to one of the parties?
• Power to shape process and outcomes
▫ Frame the nature of the conflict
▫ What topics get attention
▫ Validate solutions
▫ Validate party