What to do when Mediation Goes Wrong
White door opens to a brick wall.
When mediation works well, both parties collaboratively and creatively arrive at a solution for their dispute with the guidance of the qualified mediator. But what happens when the relationship with the mediator derails?
The State of Minnesota affords certain consumer protections for people working with “Rule 114 Qualified Neutrals.” A "Neutral" is defined by the state as an individual or organization who provides an alternative dispute resolution (ADR) service. Neutrals who are on the Minnesota State Court Administrator's Rule 114 Neutral Roster are "Qualified Neutrals" and have attended training certified by the State Court Administrator's office.
Qualified mediators who are on the state’s roster are bound by the Rule 114 Code of Ethics. The Code of Ethics is expressly designed to keep the interests of the consumer in mind, and provides guidance to mediators to safeguard the integrity of ADR in Minnesota. If a qualified mediator violates any of the provisions of the Code of Ethics, parties may file a complaint with the ADR Ethics Board.
Mediation by its very nature is designed to resolve disputes at the lowest level possible. However, if you believe your qualified mediator has breached ethics, here are some next steps for you to consider:
1. Provide the contracted mediator with your concerns in writing or verbally.
2. Keep notes of your communication with the mediator and be prepared to provide any evidence and specific examples if requested and/or needed in the future.
3. If your attempts to address concerns with the mediator have not been satisfactorily mitigated, you may consider going directly to the ethics body with which your mediator is affiliated.
In the state of Minnesota, consumers have the option of completing a complaint form . Be sure to attach any important documents related to your complaint, including a copy of the court order if applicable that appoints the Neutral in the case. Await the response of the ADR Ethics board.
Complaints are reviewed by the Board on a quarterly basis. If the Board determines the facts listed on the complaint do not constitute a violation of the Code of Ethics, your complaint may be dismissed. If the Board agrees the facts of the complaint violate the Minnesota Code of Ethics, court staff and a Board member will investigate the complaint.
The qualified mediator will be informed of the investigation process and has 28 days to reply to the allegation(s). Thereafter, The Board may issue a public or private sanction, dismiss the complaint, or suggest mediation between the mediator and complainant. Access a state-created complaint flow chart here.
Note that the Board cannot reverse a Neutral's or court's decision on a case or get any money back that you paid to the Neutral. Public sanctions against Neutrals are listed on the State of Minnesota’s ADR website, which can be accessed here.
Do you have questions about this process? Please connect with us for additional information: info@clearvisionmediation.org