American Bar Association Practice Standards for Lawyer Mediators in Family Disputes

In 1984, the American Bar Association (ABA) adopted a set of standards that define acceptable practice for lawyers who act as mediators in family disputes. The standards listed in this document include the following: (1) The mediator has a duty to describe the mediation process and its cost before parties agree to mediate. (2) The mediation is confidential, meaning that the mediator will not disclose information obtained from the participants during the mediation without the prior consent of both parties. (3) The mediator must be impartial. (4) The mediator must make sure that the participants' decisions are based on sufficient knowledge and information. (5) The mediator has a duty to suspend or terminate the mediation if continuing it would harm one or more of the participants. (6) The mediator has a duty to advise each participant to obtain legal review prior to reaching an agreement. Each of these items is elaborated on, giving mediators direction about how they should go about fulfilling these obligations and what related obligations they have in these areas.