When Should A Mediator Terminate The Mediation Process?

The Mediator is empowered to terminate the mediation process on a number of grounds and in some cases the Mediator has no choice other than to terminate the mediation process.  The ethical grounds for withdrawing from a mediation process and terminating the process include one or more of the following circumstances:-

It becomes clear to the Mediator that one of the disputants appears to be misrepresenting is position with a view to apparently misleading the other disputant. In circumstances where one of the parties is clearly acting in a dishonest manner then clearly the dishonesty will corrupt the process and if a settlement agreement were to be concluded at the end of

• the process the settlement agreement would be voidable should the subsequent fraud be discovered.
• The Mediator should also terminate the mediation process if it becomes apparent that a conflict of interest may arise which could compromise the Mediators professional integrity. Conflict may arise owing to unforeseen circumstances
• The Mediator should also terminate the mediation process is the Mediator finds that he becomes compromised by virtue of a breach of one of the rules of professional conduct for Mediators.

Examples of specific cases where termination is appropriate and required under the rules are as follows:-

1. One or both parties are in persistent breach of the mediation guidelines or refuse to co-operate in the process; It is apparent that one or both parties are no longer committed to mediation and are only using it for ulterior purposes;
2. A hidden agenda surfaces which has negative ramifications for any agreement;
3. Both parties are incapable of negotiating or communicating effectively or are otherwise inhibited from making decisions;
4. There is antagonism towards, and a loss of trust in, the Mediator;
5. There is evidence of danger to life or property; The threat of physical violence or some other form of power imbalance precludes free consent to a settlement arrangement;
6. The relationship between the parties is so destructive that no meaningful negotiations can take place; and
7. It is clearly apparent that agreement is impossible on any of the issues in dispute.