Preamble
The Standards of Professional Conduct for Mediators apply to (i) all mediators who are certified by the North Carolina Dispute Resolution Commission (Commission); and (ii) all mediators who are not certified by the Commission, but are conducting court-ordered mediations in the context of a program or process governed by statutes that provide for the Commission to regulate the conduct of mediators participating in the program or process.
These standards are intended to instill and promote public confidence in the mediation process and to provide minimum standards for the conduct of mediators. As with other forms of dispute resolution, mediation must be built upon public understanding and confidence. Persons serving as mediators are responsible to the parties, the public, and the courts to conduct themselves in a manner that will merit that confidence. (See Rule 7 of the Rules of the Dispute Resolution Commission.)
It is the mediator's role to facilitate communication and understanding among the parties and to assist the parties in reaching an agreement. The mediator should aid the parties in identifying and discussing issues and in exploring options for settlement. The mediator should not, however, render a decision on the issue in dispute. In mediation, the ultimate decision whether, and on what terms, to resolve the dispute belongs to the parties alone.