Competence

11.5(1) A mediator shall mediate only when the mediator has the necessary competence to satisfy the reasonable expectations of the parties. a. Any person may be selected as a mediator, provided that the parties are satisfied with the mediator’s competence and qualifications. Training, experience in mediation, skills, cultural understandings, and other qualities are often necessary for mediator competence. A person who offers to serve as a mediator creates the expectation that the person is competent to mediate effectively. b. A mediator should attend educational programs and related activities to maintain and enhance the mediator’s knowledge and skills related to mediation. c. A mediator should have available for the parties information relevant to the mediator’s training, education, experience, and approach to conducting a mediation. January 2012 STANDARDS OF CONDUCT FOR MEDIATORS Ch 11, p.3 11.5(2) If a mediator, during the course of a mediation, determines that the mediator cannot conduct the mediation competently, the mediator shall discuss that determination with the parties as soon as is practicable and take appropriate steps to address the situation, including, but not limited to, withdrawing or requesting appropriate assistance. 11.5(3) If a mediator’s ability to conduct a mediation is impaired by drugs, alcohol, or medication, or is otherwise impaired, the mediator shall not conduct the mediation. [Court Order November 10, 2011, effective January 1, 2012]