A COMM 444/544 presentation
Gregg Walker, Ph.D., Professor
Oregon State University

Many of the ideas in this presentation are adapted from the work of John “Sam” Keltner and his book, The Management of Struggle (1994).
Dr. Keltner, OSU Professor Emeritus of Speech Communication, developed this course at Oregon State University

Ethical Principles for Mediators

• The parties in conflict have the primary responsibility for the resolution of their dispute.
• The mediator is to assist the parties in reaching agreement.
• The parties should determine the nature of the intervention (e.g., mediation, arbitration).

• The mediator should be able to provide the parties with procedural and substantive suggestions to assist them in reaching an agreement.
• Both (all) parties need to accept the mediator.
• A mediator should not enter any dispute that is being mediated by someone else.

• Mediators should not use their position for private gain or advantage.
• Mediators should avoid any appearance of disagreement or criticism of fellow mediators.
• Mediators should not place pressure on the parties that may jeopardize voluntary decision-making.

• Mediators should maintain confidentiality regarding disputant statements, behaviors, and interaction.
• Mediators should gain the parties’ approval for any audio- or video-taping of the mediation sessions.
• Mediators should not regulate or control the content of an agreement.

• Integrity
• Objectivity and fairness
• Intelligence and knowledge of the areas in dispute
• Emotional balance
• Social perceptiveness
• Written and oral communication skills
• Patience

• Do not make assumptions about the balance or imbalance of power until doing case development work and observing behavior in the first joint session.
• Draw upon your character, credibility, and integrity and a mediator to demonstrate fairness and voice.  Communicate these principles clearly.

• Encourage the parties to share knowledge/information.
• Use the parties’ desire to settle ass motivation.
• Compensate for model or low negotiation skills.  Use questions and reframing to assist.
• Interrupt intimidating negotiation or interaction behaviors.

• Make accommodations for differences in language and culture.
• Respect the needs (and anxieties) of the parties.
• Encourage parties to voice underlying interests.
• Do not rush to settlement.
• Provide support for both/all parties.
• Acknowledge constructive behavior.