Module 5
Ethics, suitability and safety: neutrality, confidentiality, power, capacity and when not to mediate
A mediator has no power to decide, which can make mediation seem harmless. It is not. A mediator can pressure a weak party into a bad deal, can expose a person to someone dangerous, can mislead people about confidentiality or can quietly favour one side, and the parties may never know. The ethical duties of mediators exist to prevent these harms, and the judgement about when not to mediate is one of the most important skills of all. This module sets out the main duties, which are similar in codes and laws around the world, with the points where practice differs, and then focuses on the screening question: is this a case where mediation is suitable, suitable with safeguards or not suitable at all? The Mediation Suitability Screen in the labs teaches the reasoning. It is not a clinical or legal assessment, and the mediator’s training, the service’s protocol and the law where you work decide.
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See what is included in All-Access →General education on the work of a mediator across legal systems, using invented people, services and cases. It is not legal, clinical or career advice, and it does not qualify anyone to practise as a mediator. Mediation law, accreditation, confidentiality, enforcement and safeguarding rules differ between countries and change: check the rules that apply to you with your accrediting body, your service and your regulator.
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