From time to time as a mediator, you may be in a position to make a decision about whether to proceed with mediation or FDR when there is a potential conflict of interest.
If there was a genuine conflict of interest you would be required by ethical standards to withdraw from the proposed mediation and hopefully help the client to find another provider.
If you are not sure if there is a genuine conflict of interest have a look at these resources.
Basically, if a prior relationship or some personal benefit that may flow to the mediator is likely to bias the process either for or against one of the participants then you have a conflict of interest.
As part of your Mediation Institute Membership, you can always give us a call for a quick 2nd opinion if you’re facing an ethical dilemma.
Believe me, it is much less work for us to have a chat than it is to investigate a complaint about professional conduct so we are happy to be a sounding board.
What do you do if there is something that raises a red flag but you genuinely believe that you will be able to facilitate the dispute resolution process without bias?
Waiver of a potential conflict of Interest form
You MUST disclose to the potential clients as soon as you become aware of the potential conflict of interest.
If you AND the clients believe that the potential conflict of interest is not going to be an issue you can proceed however you should document that agreement to proceed with a potential conflict of interest waiver form.
There isn’t a standard form provided by any authority however we have an example of the one used by Interact Support in the Mediation Institute Members course area.
You will have to log in to the member’s course to access the file https://mi.study247.online/courses/9/
Other examples wanted
Would you like to contribute to our file resources?
You can. Just log in and go to the files area.
Navigate to Templates and Sample Documents => Conflict of Interest and then click on Upload (top right of the screen) you should be able to upload your example document to share with your fellow members.
If you are better at mediation than you are at technology just email your sample document through to us and we’ll upload it for you.