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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-07-2012, 06:13 PM
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Default Our former mediator is now consulting to my stbx - is this ethical/legal

Several months ago my ex and I went to a mediator to work through our divorce. After two sessions my wife decided to obtain the services of a lawyer. Now I find out that this mediator is assisting/consulting with my ex (without knowledge of her lawyer) in reviewing my/her lawyer material.

I paid the mediator for the two sessions and have the cancelled cheques. I don’t have confidentiality or any other engagement agreement with this mediator.

I haven’t said anything to my lawyer yet and really it’s a side bar – but can anyone comment on the mediator’s activity. Is it legal, criminal, civil or just not relevant? What would you do in this situation.
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Old 11-07-2012, 06:19 PM
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I have no idea what the answer is, but I'd be pissed too.
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Old 11-07-2012, 06:56 PM
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I don't know if you are in Ontario or not, or if your mediator was accredited, but this is from the OAFM website, standards of practice:
  1. The mediator has a duty to be impartial with respect to the issues to be mediated.
  2. The mediator shall assist the parties to make informed decisions recognizing that client self-determination is a fundamental principle of mediation.
  3. The mediator has a duty to procedural fairness
  4. In the event that any party expresses dissatisfaction with the impartiality of the mediator, then it is the duty of the mediator to advise the parties of their right to terminate the process.
  5. The mediator must disclose any known prior involvement with a party either directly or through his or her partners or associates. Mediation may only proceed following such disclosure with the express written consent of all the parties.
  6. Following the conclusion of the mediation, the mediator shall remain available as a neutral to assist the parties in the future and shall therefore refrain from assisting the parties in any other capacity without the express written consent of the parties.
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Old 11-07-2012, 07:11 PM
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Has anyone ever looked into the requirements to become a 'mediator'? I was shocked to learn one can become a 'mediator' after a week's training....
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Old 11-08-2012, 08:32 AM
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I'd be angry too, but you're not a client of the mediator any longer so there's nothing illegal here IMO. In fact based on #6 my McDreamy it sounds like if you wanted to go have the mediator help you as well they should be available.
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Old 11-08-2012, 09:27 AM
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Quote:
Has anyone ever looked into the requirements to become a 'mediator'? I was shocked to learn one can become a 'mediator' after a week's training....
For non-lawyer mediators, some people believe the only requirement is a clientele willing to part with their money.

Quote:
Now I find out that this mediator is assisting/consulting with my ex (without knowledge of her lawyer) in reviewing my/her lawyer material.
Because your ex was with the mediator as well, she would have been privy to any information shared. You could raise the issue of professional ethics with the mediator, stating you believe they are acting with prejudice to you. If they state they will continue to work for your ex, then there may not be much you can do besides advise everyone within ear shot not to consult that mediator.
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Old 11-08-2012, 10:34 AM
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OL, as ever, makes a good point. Go with a mediator that actually has some knowledge and experience.
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Old 11-08-2012, 11:35 AM
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Many things in law are legal while not being within an asses bray of being ethical.The law is all about lawyers -nuff said.
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Old 11-08-2012, 02:10 PM
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It's not a regulated profession. Lawyers appear to have infiltrated the area of mediation...ie; most mediators are lawyers as well these days. Opposite skill set required in my opinion as mediation as a service is the direct opposite to legal/adversarial services. What kind of help you can expect from a mediator-lawyer and how you hold them to what is ethical is becoming very blurred.
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Old 11-08-2012, 02:13 PM
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Suggest you send a very direct letter to the mediator copied to the lawyers on both sides
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