ABSTRACT
Mediators are in a curious position with respect to the parties in mediation. The judicious use of a standard code of ethics by mediators will ensure that the process works efficiently and that the basis upon which settlements are reached is without any hint of impropriety, bias or prejudice. In most cases the mediator only assists them in identifying and exploring their issues, interests and possible bases for agreement, but nothing more. In addition to any ethical standards put in place by mediator groups, those mediators who are lawyers, former judges, psychologists and those engaged in other professions that have their own ethical standards should be mindful of these ethical standards or canons of conduct regulating or guiding their efforts as mediators. The mediator shall in particular ensure that prior to commencement of the mediation the parties have understood and expressly agreed the terms and conditions of the mediation agreement.
