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Code
of Professional Conduct for LABOR MEDIATORS Adopted jointly by the
Federal Mediation and Conciliation Service of the Federal Mediation and Conciliation Service
(FMCS) Created by the Labor Management Relations Act of
1947, the Federal Mediation and Conciliation Service (FMCS) is an independent
agency of the Association of Labor Relations Agencies
(ALRA) The Association of Labor Relations Agencies (ALRA),
founded in 1952, is comprised of nearly 100 impartial governmental and private
nonprofit agencies in the Preamble
The practice of mediation is a profession with
ethical responsibilities and duties. Those who engage in the practice of
mediation must be dedicated to the principles of free and responsible
collective bargaining. They must be aware that their duties and obligations
relate to the parties who engage in collective bargaining, to every other
mediator, to the agencies which administer the practice of mediation, and to
the general public. Recognition is given to the varying statutory duties
and responsibilities of the city, state, and federal agencies. This Code,
however, is not intended in any way to define or adjust any of these duties and
responsibilities nor is it intended to define when and in what situations
mediators from more than one agency should participate. It is, rather, a
personal code relating to the conduct of the individual mediator. This Code is intended to establish principles
applicable to all professional mediators employed by city, state or federal
agencies and to mediators privately retained by parties. Foreword
The mediation process helps to promote economic
freedom in assisting labor and management resolve collective bargaining
controversies. The practitioners of labor mediation, therefore, have a high
professional responsibility to the parties, to the public, and to mediator
colleagues. Representatives of the Federal Mediation and
Conciliation Service and the Association of Labor Relations Agencies, in
consideration of these requirements, decided at a meeting held in November 1963
in Hollywood, Florida to attempt to write a set of canons embodying the moral
and professional duties and responsibilities of mediators. Liaison Committees representing the FMCS and the
ALRA were established and, after a series of meetings, this Code was drafted
and thereafter adopted by the two organizations in Minneapolis, Minnesota in
September 1964. The text of this Code remains basically unchanged
from its adoption in 1964 except for the addition of graphics to reflect
today’s more diverse workforce and the use of gender neutral language. It is
being printed by FMCS with the thanks and permission of ALRA. Code of Professional Conduct
for LABOR MEDIATORS
1. The Responsibility of Mediators Toward the Parties The primary responsibility for the resolution of a
labor dispute rests upon the parties themselves. Mediators at all times should
recognize that the agreements reached in collective bargaining are voluntarily
made by the parties. It is the mediator’s responsibility to assist the parties
in reaching a settlement. It is desirable that agreement be reached by
collective bargaining without mediation assistance. However, public policy and
applicable statutes recognize that mediation is the appropriate form of
governmental participation in cases where it is required. Whether and when
mediators should intercede will normally be influenced by the desires of the
parties. Intercession by mediators on their own motion should be limited to
exceptional cases. The mediators must not consider themselves limited
to keeping peace at the bargaining table. Their role should be one of being a
resource upon which the parties may draw and, when appropriate, they should be
prepared to provide both procedural and substantive suggestions and
alternatives which will assist the parties in successful negotiations. Since mediation is essentially a voluntary process,
the acceptability of the mediator by the parties as a person of integrity,
objectivity, and fairness is absolutely essential to the effective performance
of the duties of the mediator. The manner in which mediators carry out their
professional duties and responsibilities will measure their usefulness as a
mediator. The quality of their character as well as their intellectual,
emotional, social, and technical attributes will be revealed by the conduct of
the mediators and their oral and written communications with the parties, other
mediators, and the public. 2. The Responsibility of Mediators Toward Other Mediators Mediators should not enter any dispute which is
being mediated by another mediator or mediators without first conferring with
the person or persons conducting such mediation. The mediator should not
intercede in a dispute merely because another mediator may also be
participating. Conversely, it should not be assumed that the lack of mediation
participation by one mediator indicates a need for participation by another
mediator. In those situations where more than one mediator is
participating in a particular case, each mediator has a responsibility to keep
the others informed of developments essential to a cooperative effort and
should extend every possible courtesy to fellow mediators. The mediators should carefully avoid any appearance
of disagreement with or criticism of their mediator colleagues. Discussions as
to what positions and actions mediators should take in particular cases should
be carried on solely between or among the mediators. 3. The Responsibility of Mediators Toward Their Agency and Their Profession Agencies responsible for providing mediation
assistance to parties engaged in collective bargaining are a part of
government. Mediators must recognize that, as such, they are part of
government. Mediators should constantly bear in mind that they and their work
are not judged solely on an individual basis but they are also judged as
representatives of their agency. Any improper conduct or professional
shortcoming, therefore, reflects not only on the individual mediator but also
upon the employer and, as such, jeopardizes the effectiveness of the agency,
other government agencies, and the acceptability of the mediation process. Mediators should not use their position for private
gain or advantage, nor should they engage in any employment activity, or
enterprise which will conflict with their work as mediators, nor should they
accept any money or thing of value for the performance of their duties - other
than their regular salary - or incur obligations to any party which might
interfere with the impartial performance of their duties. 4. The Responsibility of Mediators Toward the Public Collective bargaining is in essence a private,
voluntary process. The primary purpose of mediation is to assist the parties to
achieve a settlement. Such assistance does not abrogate the rights of the
parties to resort to economic and legal sanctions. However, the mediation
process may include a responsibility to assert the interest of the public that
a particular dispute be settled; that a work stoppage be
ended; and that normal operations be resumed. It should be understood, however,
that the mediators do not regulate or control any of the content of a
collective bargaining agreement. It is conceivable that mediators might find it
necessary to withdraw from a negotiation, if it is patently clear that the
parties intend to use their presence as implied governmental sanction for an
agreement obviously contrary to public policy. It is recognized that labor disputes are settled at
the bargaining table; however, mediators may release appropriate information
with due regard (1) to the desires of the parties, (2) to whether that
information will assist or impede the settlement of the dispute, and (3) to the
needs of an informed public. Publicity shall not be used by mediators to enhance
their own position or that of their agency. Where two or more mediators are
mediating a dispute, public information should be handled through a mutually
agreeable procedure. 5. The Responsibility of Mediators Toward the Mediation Process Collective bargaining is an established institution
in our economic way of life. The practice of mediation requires the development
of alternatives which the parties will voluntarily accept as a basis for
settling their problems. Improper pressures which jeopardize voluntary action
by the parties should not be a part of mediation. Since the status, experience, and ability of
mediators lend weight to their suggestions and recommendations, they should
evaluate carefully the effect of their suggestions and recommendations and
accept full responsibility for their honesty and merit. Mediators have a continuing responsibility to study
industrial relations and conflict resolution techniques to improve their skills
and upgrade their abilities. Suggestions by individual mediators or agencies to
parties, which give the implication that transfer of a case from one mediation
"forum" to another will produce better results, are unprofessional
and are to be condemned. Confidential information acquired by mediators
should not be disclosed to others for any purpose or in a legal proceeding or
be used directly or indirectly for the personal benefit or profit of the
mediator. Bargaining positions, proposals, or suggestions
given to mediators in confidence during the course of bargaining for their sole
information should not be disclosed to the other party without first securing
permission from the party or person who gave it to them. |
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