Or. Admin. R. 438-019-0020

Current through Register Vol. 63, No. 6, June 1, 2024

Section 438-019-0020 - Standards of Mediator Conduct

(1) Mediators have duties to the parties, to their profession, and to themselves. They should be honest and unbiased, act in good faith, be diligent, and never seek to advance their own interests at the expense of the parties.

(2) The mediator must maintain impartiality toward all parties. Impartiality means a commitment to serve all mediation parties as opposed to a single party. The mediator should disclose to the parties any affiliations which the mediator may have with any participant and obtain all parties' consent to proceed as mediator.

(3) The mediator has an obligation to assure that all parties understand the nature of the mediation process, the procedures to be utilized, and the particular role of the mediator. Each party's consent to proceed with mediation should be obtained early, prior to the beginning of substantive negotiations.

(4) The mediator shall inform the parties of their rights to withdraw from mediation at any time and for any reason. If the mediator believes that the parties are unable or unwilling to participate effectively in the mediation process, the mediator should suspend or terminate the mediation. If the parties reach a final impasse, the mediator should not prolong unproductive discussions.

Or. Admin. R. 438-019-0020

WCB 1-1997, f. 3-20-97, cert. ef. 7-1-97

Stat. Auth.: ORS 656.726(4)

Stats. Implemented: ORS 656.012(2)(b), ORS 656.283(1), ORS 656.283(9) & ORS 656.289(4)