Introduction

Mediators may be self-employed, mediating cases for parties who contact them directly. These mediators are not acting on behalf of an employer or principal, and therefore have no obligations toward any such entity. Their duties are to the parties, the mediation profession, and the public, and the content of these duties has been considered in the chapters hitherto. Alternatively, a mediator might supply mediation services on behalf of an employer, for example a mediation firm, or on behalf of another entity that is not his or her employer but may be considered his or her principal (in an ethical rather than legal sense) because of the nature of their close relationship, for example, a community mediation center in which the mediator volunteers or a court that runs a mediation program with which the mediator is affiliated. These employers or principals legitimately expect the mediators who are connected to them to exercise their role and conduct mediations in a manner that is worthy of their trust, in compliance with their instructions (to the extent that the employer or principal issued such instructions or adopted rules with regard to the provision of mediation services), and in accordance with the general standards applicable to mediators. To be worthy of the trust of his or her employer or principal, it has been suggested that a mediator must be competent, disclose conflicts of interests between his or her affairs and the affairs of his or her employer or principal, respect the authority (autonomy) of his or her employer or principal and obey his or her instructions, conduct him or herself with professional integrity, diligence, and impartiality between different employers or principals, treat his or her employer or principal with respect and honesty, maintain confidentiality with regard to his or her employer's or principal's matters, protect the standing of his or her employer or principal, and act fairly. This chapter briefly addresses the obligations that mediators owe their employers and principals on top of their duties to the parties, the profession, and the public. They are illustrated by reference to the relationship between court-connected mediators and the court, and between community mediators and the community mediation center with which they are connected.