Standards of Conduct for Mediation

The Model Standards of Conduct for Mediators are the fundamental ethical guidelines for persons mediating in all practice contexts. The Standards were drafted by the American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution.

The preamble of the Standards indicate they serve three primary goals: to guide the conduct of mediators, to inform the mediating parties, and to promote public confidence in mediation as a process for resolving disputes.

As I have indicated in the past, mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. Mediation serves various purposes, including providing the opportunity for parties to define and clarify issues, understand different perspectives, identify interests, explore and assess possible solutions, and reach mutually satisfactory agreements, when desired.
There are the following ten Standards: Self-determination, Impartiality, Conflicts of Interest, Competence. Confidentiality, Quality of the Process, Advertising and Solicitation, Standard Viii. Fees and Other Charges, and Advancement of Mediation Practice. To read the complete Standards of Conduct go to:

http://www.acrnet.org/about/initiatives/QualityAssurance/standards-conduct.htm

As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/29/08

Tarahumara

We just returned from a wonderful trip on the Chihuahua Pacifico Railroad through the Cooper Canyon region of Mexico. As always, I got a baseball cap with railroad’s acronym Chepe on the crest of the hat. One of the most interesting parts of the trip was observing the Tarahumara Indians. They actually call themselves the Raramuri which means the Runners and they are some of the best runners in the world. Running up and down the canyons is an important part of their culture as well as a means of transportation and communication. I loved their colorful dress. They are a very primitive group of about 70,000 Indians. Many live in caves for part of the year. Until recently, they survived as subsistence farmers but more recently have earned money by selling crafts to tourists and accepting payment for allowing their picture to be taken. There also seems to be more begging. Many seemed to have no emotional affect. I wonder if modern civilization had done more harm than good. On the other hand, they are able to survive without modern conveniences. I don’t think I could do the same. As always, I asked about their marriage and divorce practices. They have very little tribal structure but when a couple wants to get married, the prospective husband, asks the leader for permission. If the leader says yes, the couple lives together and is considered married. Divorce is easy and frequent. If a couple wants to get divorce, they just separate and the wife usually keeps most property and the children. There does not seem to be a great need for mediation! As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/26/08

Golden Retriever and Mediation

Molly was our golden retriever for 14 years. She would sometimes come with me to divorce mediation sessions. She was a great help both as an ice breaker and as an indicator of tension levels. If the couple got angry, she would get upset. I now work with Rescue a Golden of Arizona transporting gold retrievers to a new and better home. It is a very rewarding experience. In addition I get to use my mediation skills not only with new and old owners but with parties who want to have more than one dog. As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/23/08

Mediation or Meditation

Mediation or Meditation, the difference in the words is only the letter T. You would be amazed how often the words are confused. A few years ago by yellow page proof came back as the Center for Divorce Meditation! I have heard of mediators being listed under meditation in the yellow pages. Perhaps there is a reason the words are confused or perhaps people who are getting divorced should meditate. As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/20/08

Nevda Governor's Divorce and Marital Home

One of the big initial issues in any divorce is who stays in the marital home. In fact in many cases once that issue is resolved, the couple is not in any rush to get divorced! The issue took an interesting twist when the governor of Nevada, Jim Gibbon, when the governor left the official residence and his Wife stayed. Something similar happened when Rudy Giuliani got divorced. It does not seem to make any difference if you are a governor or a mayor. See the entire story at
http://www.nytimes.com/2008/05/03/us/03nevada.html?ex=1367553600&en=5c485df436e0d651&ei=5124&partner=permalink&exprod=permalink. As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/16/08

Robin Williams Collaborative Divorce

Celebrity divorces are important because they can set the trend for the average couple. It was significant that Robin Williams is getting a collaborative divorce. See one of the many articles at http://www.etonline.com/news/2008/05/61388/index.html People reports that the papers, which were filed in San Francisco, include the following agreement: "We will strive to be honest, cooperative and respectful as we work in this process to achieve the future well being of our families. We commit ourselves to the collaborative law process and agree to seek a positive way to resolve our differences justly and equitably." As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/14/08

Best Divorce Mediators

Every year I get a publication listing the Best Attorneys from somewhere. I am always bothered that there is not a similar list for Divorce Mediators. I have decided to do my own list. I am going to email the Advance Pratitioner Members of each state and ask them to nominate the Best Divorce Mediators in their state. If I get at least two votes, I will include the Divorce Mediator on my list. Let me know if you have any nominees. As always, you can post a comment about this blog, Divorce Mediation, or Tucson Arizona by following the directions at the right in the green column or at the bottom of this website or participate in our Presidential poll located below the directions. WM 5/9/08