Resolution Institute Mediator Professional Work Practice Guidelines

Policy | Accessible to everyone

Members commit:

  1. To conduct their professional lives with integrity, honesty and respect for the law and to behave in a way consistent with this in their private lives
  2. To promote the objects of Resolution Institute and to act in accordance with its Constitution, promoting professionalism and respect for the practice of DR
  3. To uphold the integrity and fairness of DR processes
  4. To offer and undertake only those DR processes for which they are qualified and in circumstances where they have the appropriate experience and/or access to appropriate professional support
  5. To represent their qualifications and experience accurately and fully
  6. To distinguish their roles as DR practitioners from any other professional role in which they may act and to make this clear to participants
  7. To provide sufficient and accurate information that enables potential participants to make an informed choice about whether and how to proceed. This includes:
  • a description of the proposed process, the qualifications, experience and obligations of the practitioner, and
  • the fees and other expenses associated with the process and the basis on which these will be calculated and charged
  1. To assess, as far as possible, the suitability of a dispute and those engaged in the dispute for the DR process being proposed and to proceed only if assessed as suitable
  2. To disclose all known actual and potential conflicts of interest before and if they arise during the DR process. With the participants’ agreement, the process may proceed only if the Member is satisfied that the conflict or perception of the conflict will not impair the Member’s impartiality and independence.
  3. To prepare appropriately for the process
  4. To inform and, if appropriate to the process, discuss with participants the procedural aspects of the process, confidentiality including its scope, the role of the DR practitioner and the roles of participants, their support people and their advisers
  5. To be faithful to the relationship of trust and confidentiality inherent in the role of DR practitioner
  6. To use information gained in an DR process only in that process; and not to act for any participant in any professional or other capacity in relation to the same subject matter
  7. To communicate with participants even-handedly, respectfully and sensitively, using the method(s) appropriate to the process
  8. To conduct DR processes fairly, diligently and professionally, exhibiting independence and impartiality and putting the interests of participants ahead of their own
  9. To conduct the process in a timely manner and in accordance with the law
  10. To engage in professional learning activities to develop and refine their DR knowledge and skills
  11. To cooperate in establishing and maintaining the quality, qualifications and standards of DR practice
  12. To suspend or terminate the DR process if it becomes evident that it is no longer appropriate or that it could be detrimental to one or more of the participants or to the practitioner
  13. To comply diligently with the requirements of other schemes under which they are accredited or registered
  14. To ensure that they are covered by the necessary insurances
  15. To welcome feedback and cooperate in addressing any complaint, while maintaining appropriate confidentiality

Specifically, in relation to mediation, members commit:

  1. To uphold the principle of participant self-determination
  2. To support participants to explore issues, to identify interests, to generate and evaluate options and to make decisions about future outcomes and action
  3. To provide advice and/or expert information only where it enhances the decision-making of the participants; in circumstances where the participants have contracted before the mediation begins that such advice can be provided; and where practitioners have the appropriate qualifications and expertise

For additional information Members may also like to refer to:

This policy was adopted on 1 January 2015.

Tags: Conciliation, Conflict management coaching, Family dispute resolution, Mediation, Restorative justice