Mediators are expected to observeprogram rules,the Standards of Professional Conduct for Mediators and to act consistent with principles of good moral character. In the event that a party, attorney, other mediation participant or a court official has a complaint about a mediator's conduct, s/he should contact the DisputeResolution Commission.All calls or written correspondence addressing mediator conduct will be given the Commission's utmost attention.
The Commission's Executive Secretary is available to discuss questions or concerns regarding a mediator's conduct. A complaint maybe registered by telephone, letter, or on the Commission's official complaint form. You may access a complaint form here. A complaint must be reduced to writing and signed before the Commission will launch an official investigation of the matter.
The Commission's Executive Secretary initally reviews and investigates complaints. Once the initial investigation is completed, the Executive Secretary will refer the matterto either theChair of the Commission's Standards, Discipline, and Advisory Opinion Committee or to the fullCommittee which will also review the matter. The mediator who is the subject of a complaint will have an opportunity to read and view the complaint and to respond to it in writing. The Executive Secretary or Committee members may interview any witnesses identified by the complaining party or mediator as well as any other individuals identified during the investigation as having information regarding the matter.
Following completion of its review and investigation, the Committee will determine whether there is probable cause to believe that the mediator's conduct: violated the Standards of Professional Conduct for Mediators and/orprogram rules; was inconsistent with good character; reflected a lack of fitness to practice as a mediator; and/orserved to discredit the courts, Commisson, or mediation process. If probable cause is found, and the violation is more than technical or minor in nature, the Committee will impose sanctions. A mediator may appeal a finding of sanctions to the full Commission. If the Committee finds no probable cause, the complaint will be dismissed with no right of appeal.
The Commission's investigative and hearing procedures are set forth in Rule VIII of the Supreme Court's Rules for the Dispute Resolution Commission which are available on this website and from the Commission's office on request.