Professional Practice: Ethics, Process and Conduct
Core Obligations
Professional practice centres on self-determination, impartiality, confidentiality and competence. Candidates must understand voluntariness, informed consent to mediate, managing power imbalances, avoiding conflicts of interest, and the duty to withdraw or refer when a matter is unsuitable, for example where there is family violence, incapacity or a legal issue requiring advice. Mediators manage the process; parties own the content and outcome. Confidentiality is central but has limits: mandatory reporting, threats to safety, court orders and agreed exceptions.
Traps in Questions
Questions often test confidentiality boundaries and the mediator's response to pressure. Another trap is failing to distinguish neutrality from indifference: a mediator may reality-test and question but must not advocate. Candidates also err by assuming a settlement reached in mediation is automatically enforceable; enforceability depends on the legal form of the agreement. Record-keeping, conflicts screening and managing caucus information are also commonly tested.
Worked Example
During a private session, one party discloses a hidden asset and asks the mediator not to tell the other side. Rule of thumb: information shared in caucus is confidential unless the party authorises disclosure. The mediator should encourage the party to disclose voluntarily, explain the risks of non-disclosure, and consider whether continuing is appropriate. The mediator must not reveal the information unilaterally.