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  • Essay / mediation - 762

    VII. Establishment of mediators as mandatory rapporteursImplementation would be through statutes which would clearly describe the duty of a mediator. Provisions could be added to indicate when a mediator may continue mediation, terminate mediation or continue mediation. California could pass a law allowing mandatory reporting or other reporting such as domestic violence. The drafters could draw on case law and develop similar standards. Standards could vary depending on whether the report was made to a law enforcement agency such as child protective services or adult protective services or whether the report should be made to law enforcement officials. law enforcement. The standards should be understandable so that a reasonably prudent mediator would know when their reporting obligation is triggered. The question would be how far this obligation should extend, i.e. whether the obligation extends to any allegation of abuse or whether there would have to be a connection between the parties to the mediation and the allegation itself. Would there therefore be an obligation to report if a future ex-wife accused her ex-husband's future sister of having stolen their mother, who is over 65? Or, on the other hand, if a woman does not agree to visit the father unless he lives with his brother accused of sexually abusing the couple's children. Today, some mediators already voluntarily report this information. Mediators may use their discretion to report these allegations. The model standards allow mediators to report information regarding crimes. Other mediators will include provisions in the mediation agreement so that all parties are aware that the mediators will report the information if they choose. Mediators can... middle of paper ... but that is up to the complaining party to determine and the mediator could still be off the hook under a theory of immunity. VIII. ConclusionPreventing abuse, neglect, and abandonment should be a moral obligation for every person. Formalizing a profession into mandated journalists will not distort the legal process or cause widespread 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 mandated rapporteur would be triggered. If duty can save a life or even a person following abuse, neglect or abandonment, the statue will have accomplished its job. Political considerations dictate that human life is more valuable than maintaining confidentiality or adhering to any other ethical guidelines. Loss of life is the ultimate loss which cannot be compensated by any means..