The FMCS has mediators work throughout the U.S. A number of States have their own mediation agencies that provide mediation within that state. For years, these state mediation agencies and FMCS have worked cooperatively as members of the Association of Labor Mediation Agencies (ALMA). Canadian National and Provincial mediation agencies are also ALMA members. ALMA holds annual conferences that provide opportunities for agencies and their mediators for training, sharing information, and assuring cooperation among agencies.
At the 1963 annual ALMA conference, an agreement was reached to develop a code of conduct for mediators. William Simkin, the newly appointed Director of FMCS, was a driving force behind this imitative. As a long time arbitrator, Simkin saw the need for the mediation profession to have a code of conduct similar to the arbitration profession. The stated reason the conference decided to develop a code of conduct was to insure mediator professional behavior toward the disputing parties, the public and among mediators.
The liaison committee appointed at the conference to develop a draft code held a series of meetings. At the September 1964 annual conference, liaison committee’s a draft code was presented, discussed, and adopted. The code was put into immediate effect with this title: “Code of Professional Conduct for Labor Mediators.”
The Code described these five mediator responsibilities:
- Responsibility of the Mediator to the Parties.
- Responsibility of the Mediator Toward Other Mediators.
- Responsibility of the Mediator Toward Their Agency and other Professions.
- Responsibility of the Mediator Toward the Public.
- Responsibility of the Mediator Toward the Mediation Process.
Since FMCS is also involved in maintaining a roster of private arbitrators for the use of labor and management, FMCS has an interest in a code of conduct for arbitrators. The American Arbitration Association (AAA) also maintains an arbitration roster. While FMCS and AAA might be viewed as competitors, they also have reason to cooperate in the interest of the labor and management they both serve. A third organization in this field is an organization composed of the arbitrators, which is called the National Association of Arbitrators (NAA).
These three organizations have jointly developed a code for arbitrators.
Periodically, both the mediator and arbitrator codes have been updated and reissued by the sponsoring organizations.
In recent years, several organizations of private sector mediators and other ADR practitioners have created ethical guidance documents. For example: Ombudsman Association, ADR Institute of Canada, and JAMS.
