The following policies are important to fulfilling program goals and maintaining the integrity of this unique interagency effort:
Maintaining Active Status
Shared Neutrals are expected to maintain a level of practice to stay current with ADR techniques and skills. Therefore, it is required that all mediators participate in a minimum of two (2) mediations per year or attend a mediation refresher course. If mediators do not maintain this level of activity during the previous fiscal year, they will be placed on inactive status. If placed on inactive status, the mediator should contact the FMCS Shared Neutrals Administrator. If a mediator is on inactive status for one year, they will be removed from the program and need to reapply for future participation.
Confidentiality
All participants must adhere to the Administrative Dispute Resolution Act of 1996 (ADRA). The Standards of Practice for Shared Neutrals also contains a section on confidentiality that applies to mediators. These three documents, the ADR Act, the ADR Council’s guidance on confidentiality in federal programs, and the Standards of Practice, are the bases for confidentiality policy and practice in Shared Neutrals. Violations of confidentiality will be basis for removal from the program.
Use of Co-mediators
More experienced (lead) mediators are paired with less experienced (co) mediators. Once co-mediators have completed at least 3 mediations with positive reviews, they become eligible to act as lead mediators.
In order to provide experience to co-mediators, the policy on co-mediators is as follows:
- With rare exception, all cases mediated through Shared Neutrals will have both a mediator and a co-mediator.
- The lead and co-mediator must debrief at the close of mediation as an assessment tool.
Program Evaluation Policy
Mediators are required to complete the brief Shared Neutrals Mediation Report upon completion of a mediation. This report includes information as to whether a settlement was achieved and an evaluation of the other mediator with whom they worked.
Shared Neutrals prepares an Annual Fiscal Year Report on program use. Items include number of requests, number of requests by agency, mediators’ contribution by agency, and number of settlements. The Report is made available to participating agencies and roster members.
Feedback from parties is sought through the Shared Neutrals User Survey and is used only for evaluation purposes. Names of individuals are not kept in case records.
Forms
Agreement to Mediate – PDF
Shared Neutrals Standards of Practice – PDF