The Vermont Superior Court Family Mediation Program has adopted the standards of practice set forth here. These standards apply to mediators when they mediate cases pursuant to the program.
A family mediator should recognize that mediation is based on the principle of self-determination by the parties.
A family mediator should be qualified by education and training to undertake the mediation.
A family mediator should define and describe the process of mediation and facilitate the parties’ assessment of their capacity and readiness to mediate before the parties reach an agreement to mediate.
A family mediator should disclose to each party all actual and potential conflicts of interest reasonably known to the mediator. The need to protect against conflicts of interest also governs the conduct that occurs during and after the mediation.
A family mediator should fully disclose and explain the basis of any compensation, fees, subsidy availability, and charges to the parties.
A family mediator should conduct the mediation in an impartial manner.
A family mediator should structure the mediation process so that the parties make decisions based on sufficient information and knowledge.
A family mediator should maintain the confidentiality of all information acquired in the intake and mediation process, unless the mediator is permitted or required to reveal the information by the Vermont Family Court Mediation Program protocols, by law, or by agreement of the parties. A family mediator should recognize a family situation involving child abuse or neglect and report it to the proper authorities.
A family mediator shall draft agreements that are impartial in nature and accurately reflect the work done in session.
A family mediator should recognize a family situation involving domestic violence and follow the Vermont Superior Court Family Mediation Program domestic abuse protocols.
A family mediator should withdraw from further participation in the mediation process when the mediator reasonably believes that further participation will not further the parties’ self-determination.
A family mediator should be truthful in the advertisement and solicitation for mediation.
A family mediator should improve the practice of mediation.