Ethics for Mediation Professionals: What Are the Rules of the New Road?
by Hanan M. Isaacs, M.A., J.D. Introduction Mediation, whether court-connected, court-referred, or purely private, involves facilitated negotiations by a third party neutral. The neutral’s goal is to assist disputing parties in reaching voluntary, fully informed, and mutually accepted results. Mediation attendance may be voluntary or court-mandated. However, the outcome is binding only if the parties reach agreement and incorporate their settlement terms into contracts or court documents. What are the ethical standards and limits of the neutral’s role? Where are they found? The two best starting places for New Jersey mediators seeking ethical guidance are the New Jersey Supreme Court’s Standards of Conduct for Mediators, published in January of 2000, and Rule 1:40-4(b) through (g), Rules Governing the Courts of the State of New Jersey. These standards and rules govern court-connected Complementary Dispute Resolution (CDR) programs and cover quality of process, mediator impartiality, co
