The Commission encourages all mediators to act ethically and professionally, to observe program rules, and to fulfill the duties and responsibilities they owe to the mediation process, the parties, and the courts. In the event that a party, attorney, other mediation participant or a court official believes that a mediator has not acted in keeping with the above, the Commission should be contacted. 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. Such calls will be treated confidentially. If the caller wishes the Commission to contact the mediator and launch a formal investigation, he or she may request a complaint packet or download one from this web site. An investigation will not be commenced nor a mediator contacted until such time as a complaint has been filed in writing.
Once a written complaint is filed with the Commission, the Commission's Executive Secretary will review and investigate it. If s/he determines the complaint tobe wholly without merit,the Executive Secretary will refer it to Chair of the Commission's Standards, Discipline, and Advisory Opinion Committee who will also review the complaint. If the Chair also finds the complaint to be wholly without merit and dismisses it, the party who filed it will be notified and have 30 days from the date of notification to appeal the Chair's decision to the full Standards, Discipline, and Advisory Opinion Committee. All other written comlaints filed with the Commission, will be referred to the Standards, Discipline, and Advisory Opinion Committee where members will review and investigate them. 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. Committee members may interviewany witnesses identified by the complaining party or mediator and may supoena any relevant documents or take testimony from those with information about the conduct complained of.
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/or the operational rules for the program in question; was inconsistent with good character; reflected a lack of fitness to practice as a mediator; and/or 4) served to discredit the courts, Commisson, or mediation process. If probable cause is found, the Committee will impose sanctions.The 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 from the Commission's office on request.