Which of the following is not a standard
of practice for mediators?
In a caucus session in a court-ordered
mediation, a party shares privately with
you that he plans to sign an agreement to
pay the other party, with no intention of
actually doing so. Which of the following
would be ethically appropriate?
(a) continue with the mediation as if
you hadn’t received this information
(b) relate this information to the other
party in caucus, regardless of
(c) remind the party that mediation
relies on good faith negotiation,
and consider terminating the
mediation if the party persists
(d) threaten to share this information
with the judge handling this case
Depending on the goals of the exam, scenario-based questions are likely preferable because they ask mediators to venture
beyond basic comprehension of standards
and in to the more practical realm of their
application. For an open-book exam intended
to ensure familiarity with and ability to apply
ethical standards, we suggest that a fairly
high threshold be required for a passing grade
Of course such an undertaking is not without its challenges and successful use of ethics exams is dependent on careful question
design. Otherwise the process risks being
viewed as political or an effort to narrow
the field of practice to the exclusion or particular approaches or styles of mediation.
Furthermore, the importance of context to
navigating many ethical dilemmas makes
scenario based questions challenging to
design fairly. Care must be taken to select
scenarios and answers that are grounded
in the relevant rules and free of ambiguity.
This is likely easier said than done.
Academy of Advanced Practitioners (AAP)
The Academy of Advanced Practitioners (AAP) was designed to create a membership
status for those members of the organization who desire to have more professional
recognition for their advanced training and experience. For more information and
details about this advanced standing visit our website at www.acrnet.org