mediation

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VII. Implementation of Mediators as Mandatory Reporters
Implementation would take place through statutes which would clearly describe a mediator’s duty. Provisions could be added for when a mediator may continue the mediation, terminate the mediation, or continue the mediation. California could enact a statute to allow mandated reporting or other reporting such as domestic violence. The drafters could look to case law and develop similar standards. The standards could vary depending on whether or not the report was to an enforcement agency like Children Protective Services or Adult Protective Services or if the report needs to be made to law enforcement officials.
The standards would have to be understandable so that a reasonably prudent mediator would know when their duty to report is triggered. The question would be how far the duty should extend, meaning whether the duty extends to any allegation of abuse or whether there would need to be a nexus between the parties in the mediation and the actual allegation. Therefore, would there be a duty to report if a soon to be ex-wife accused her soon to be ex-husband’s sister of stealing from their mother who happens to be over 65? Or on the other hand, if a wife did not agree to visitation to the father unless he lives with his brother who is being accused of sexually abusing the couple’s children.
Some mediators today will already voluntarily report this information. Mediators can use their discretion to report these allegations. The Model Standards allow mediators to report information regarding crimes. Other mediators will write provisions into the agreement to mediate so that all parties are aware of the fact mediators will report the information if they chose to. Mediators ca...

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...ult though for a complaining party to determine and the mediator could still be off the hook under an immunity theory.
VIII. Conclusion
Preventing abuse, neglect, and abandonment should be a moral obligation of every person. Formalizing one profession to become mandated reporters will not distort the legal process or cause mass chaos. Parties to mediation will still be able to use mediation to the extent available for their case. Mediators can be trained to recognize when their duty as a mandated reporter would be triggered. If the duty can save one life or even one person for abuse, neglect or abandonment the statue will have accomplished its job. Policy considerations dictate that human life is more valuable than maintaining confidentiality or adhering to any other ethical guidelines. The loss of life is the ultimate loss that cannot be compensated by any means.

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