Mediator Tips
Solving Ethical Problems

Occasionally when doing a mediation you may be put into a situation where several ethical rules come into play. As a certified mediator, you need to be aware of these rules so that you know how to act responsibly. To work your way through the ethical dilemma, follow the steps below. After you read through the steps, try solving the hypothetical ethical dilemma described at the bottom.

1. Define the problem carefully.
2. Determine what ethical rules govern the problem.
3. If the applicable rules appear to provide conflicting guidance:
   - Rank the sources of the ethical rules, and see if any have higher precedence than the others
   - Determine where the crux of the conflict lies (sample questions to ask yourself) to generate possible options:
   i. Is the circumstance not appropriate for mediation?
   ii. Are you unable to mediate the situation, but another mediator who is differently positioned could?
   iii. Can the situation be overcome ethically by informing the parties, and obtaining their consent to proceed?
4. Ensure that solutions to the problem are:
   - Within the ethical rules too (i.e. do not compromise a second ethical rule in order to solve the initial problem)
   - Supported by logical rationale
   - Mindful of public policy
   - Implemented in a professional manner

Hypothetical Ethical Dilemma:
You are mediating a case between a dry cleaning business and a consumer. The consumer indicated that she had two Sunday jackets that she uses to sing in the church choir which were damaged by the cleaner and she wants the cleaner to pay for their replacement, $ 120 each. The cleaner says that her standard policy is to pay $ 35 for each garment of this type in a claim. In looking at the jackets it is hard to detect exactly how they are damaged. In a caucus the consumer tells you that the jackets do mean a lot to her, but she bought them at a sale for about $ 50 each. Back in regular session, the mediator asks the consumer why the jackets are so important to her. She replies that these jackets are the last two gifts her husband gave her before he passed away. What should the mediator do?

Suggested Response: The mediator should once again caucus with the consumer to clarify what she had disclosed. If the mediator determines there is a lack of good faith then the mediator should consider terminating the process.