Professional Ethics & Governance Flashcards

A mediator suspects that a settlement agreement will harm a vulnerable party who lacks full understanding of its terms. The ethical response is to:

Answer: Pause the process, ensure the party has adequate information, and consider recommending independent counsel

Ethical practice requires ensuring informed consent; when vulnerability is apparent, the mediator should verify understanding and may suggest legal advice before proceeding.

In governance of conflict management programs, an 'ethics committee' primarily serves to:

Answer: Review complaints, interpret the code of conduct, and recommend disciplinary action

Ethics committees provide oversight by reviewing alleged violations, interpreting conduct standards, and recommending appropriate sanctions or remedies.

Which practice best supports accountability in a conflict management organization?

Answer: Maintaining transparent reporting mechanisms and regular ethics audits

Transparent reporting and regular audits create systemic accountability by surfacing patterns and ensuring adherence to ethical standards across the organization.

When a conflict manager learns of illegal activity disclosed during a session, their ethical obligation generally requires:

Answer: Consulting applicable law and ethics guidelines to determine mandatory reporting obligations

Mandatory reporting laws may override confidentiality in specific circumstances (e.g., child abuse, imminent harm), so practitioners must know and apply those legal thresholds.

The ethical standard of 'impartiality' in conflict management means the practitioner must:

Answer: Remain free from favoritism or bias toward any party throughout the process

Impartiality requires consistent freedom from bias in attitude and action toward all parties throughout the entire conflict management process.

A conflict management program's governance policy should include a clear process for:

Answer: Handling practitioner misconduct complaints and appeals

Sound governance requires defined, fair procedures for receiving, investigating, and resolving complaints about practitioner conduct.

Which principle requires a conflict manager to provide parties with accurate information about the mediation process before it begins?

Answer: Informed consent

Informed consent requires that parties understand the nature, scope, limitations, and confidentiality rules of the process before agreeing to participate.