Guidelines for Responding to Mediator Complaints Proposed in Virginia
Thanks to Timothy R. Hughes of the Virginia Real Estate, Land Use and Construction Law Blog(@vaconstruction in my fabulous twitter network) for this item on mediator ethics from Virginia.
Ethics rules for mediators retooled, comment sought
by Peter Vieth
Published: October 5, 2009
Regulations that govern certified mediators in Virginia would have more teeth under changes now under consideration.
Among the changes is a provision that would allow the Supreme Court’s Division of Dispute Resolution Services to immediately suspend mediator certification if a mediator refused to respond to concerns based on a complaint about improper behavior.
The DRS has extended the deadline for comments to the proposed rule changes to Oct. 30.
Documents marked with the proposed changes are available on the Web site for Virginia’s Judicial System (www. courts.state.va.us).
A member of the ethics committee convened to recommend changes said the changes will allow the DRS to have a more immediate response when there are credible allegations of ethics concerns about a mediator. Lawrie Parker, director of the Piedmont Dispute Resolution Center in Warrenton, said the proposed standards would allow action by DRS in certain cases without having to convene the complaint review committee for guidance.
To continue reading, click here.
As I keep saying, someone is going to begin regulating the practice of mediation -- let's make sure those in practice now are engaged in the nationwide conversation.
Comments (3)
Read through and enter the discussion by using the form at the endTimothy R. Hughes - October 9, 2009 3:43 PM
Very interesting report indeed - after having read your recent post about mediators testifying, I think there should be more regulation!
Thanks for the mention, and keep up the great work!
Christopher G. Hill - October 9, 2009 5:21 PM
My only hope is that the regulation (and there will be regulation) does not limit the flexibility and creativity that makes mediation so desirable.
Timothy R. Hughes - October 10, 2009 7:30 AM
I had a chance to look through the updates here. The proposed changes seem pretty reasonable and sensible - more clarity and meat on the bone regarding framework for training, mediator ethics, etc.
One note - there are amendments to existing regulations, so there is some level of accountability and regulatory oversight already in Virginia.