Code of Professional Ethics

The ethical practice of mediation is a hallmark of the NJAPM. If you have a question about our standards, or if you feel one of our members has acted in an unethical manner, then you can contact the NJAPM Ethics Review Board by email to ethics@njapm.org or by mail to the NJAPM Ethics Review Board c/o our Association office. All ethics matters are handled in confidence. In addition to the code of professional ethics, below, the NJAPM also has policy statements.

The Role Of The Mediator.

The role of the mediator is to serve as an impartial third party with responsibility for structuring and monitoring the process of decision-making between the parties. In order for mediation to be effective, the parties must have confidence in the integrity and fairness of the process and in the impartiality of the mediator.

Formal Training.

A person shall not practice mediation without appropriate and sufficient formal training in the practice of mediation.

A Distinct Discipline.

The practice of mediation is a discipline separate and distinct from other professions; however, mediation may also be offered as a service by other professionals. A professional while acting in the capacity of a mediator shall not provide services distinct to any other profession.

Disclosure of Prior Associations.

The mediator shall disclose in writing the existence of any association, interest, relationship, or potential bias he or she may have in working with either party which is likely to affect impartiality or which might reasonably create the appearance of bias. This includes acknowledgment of any prior professional, financial, business, family, or social relationship with either of the parties to the dispute. Any such disclosure shall be made at the earliest possible moment. This obligation is a continuing duty, which requires the mediator to disclose at any stage of the mediation any such relationship or interest that may arise or be discovered.

Role Conflicts.

Under no circumstances or conditions shall a mediator represent or function as an attorney, as a psychotherapist, or in any other professional role or relationship to either or both of the parties at any time during mediation.

Future Associations.

A mediator shall not represent or be employed by either party to the mediation in any future action, dispute, proceeding, or situation that might conflict or reasonably appear to conflict with the other party's interest. Nor shall a mediator have any professional relationship with the participants other than as a mediator for six months after the conclusion of mediation, except with the written consent of all mediation participants. Furthermore, a mediator shall not enter into any relationship, nor acquire any association or interest under any circumstances that might reasonably create the appearance that the mediator has been influenced in the mediation by the anticipation or expectation of relationship or interest, without the written consent of the mediation participants.

Mediation Retainer Agreement.

The mediator shall, at minimum, inform the mediation parties of the following matters, which shall be incorporated into a written agreement signed by the mediator and the parties:

1. The issues to be mediated.
2. The advisability of obtaining independent legal counsel to assist and advise them during the course of the mediation.
3. The requirement of full voluntary disclosure of all information relevant to the issues being negotiated. If either party fails to provide the information requested by the mediator, the mediator reserves the right to terminate the mediation.
4. The fees for the mediation, which fees shall be agreed upon between the parties and the mediator, as well as the method and responsibility for payment. A mediator shall not charge a contingency fee or base the fee in any manner upon the outcome of the mediation process.
5. The fact that other professionals, in addition to legal counsel, may have to be employed to assist the mediation process, such as accountants, financial planners, appraisers, and tax specialists.
6. The fact that the parties' participation in mediation is wholly voluntary and that either party may suspend or terminate the mediation at any time.
7. The confidentiality of the mediation process and the agreement that neither party shall subpoena either the mediator or any records pertaining to the mediation process, in the event the parties engage in subsequent litigation. The parties shall also be advised of the limits of confidentiality, including the mediator's duty and obligations regarding the best interests of children.
8. The duty to proceed at all times in good faith in the mediation process. The mediator may suspend or terminate the mediation at any time if it appears one or both of the parties are not acting in good faith, if either party appears not to understand the negotiations, or for any other reason deemed appropriate by the mediator.

Independent Counsel.

The mediator shall advise the parties early in the mediation process that it is advisable for each to obtain and confer with independent legal counsel to assist and advise them during the course of the mediation.

Memorandum of Understanding.

At the conclusion of the mediation, the mediator shall prepare a memorandum of understanding reflecting the agreements reached by the parties. This memorandum is not to be signed by the parties and not intended or to be regarded as final or binding. The parties should be advised that it is strongly recommended that the memorandum of understanding should be reviewed by separate independent legal counsel and other professionals such as tax consultants and accountants before the parties make it into a binding agreement, but that the decision of whether to have such reviews is for the parties to make. The parties may choose to make the memorandum of understanding into a binding agreement through their own action and without the use of attorneys.