Safe Mediation Conflict of Interest Policy

This Conflict of Interest Policy ensures that Safe Mediation upholds integrity, transparency, and impartiality across all of its services. It addresses both real and perceived conflicts and provides mechanisms for disclosure, reassignment, and mitigation, while being sensitive to trauma and the complexity of long-term projects involving restorative and transformative justice.

1. Integrity as a Core Principle

At Safe Mediation, integrity means:

  1. Adhering to a strict moral or ethical code, ensuring fairness and impartiality in all cases.
  2. Unimpaired soundness: Protecting the quality of our services by avoiding any compromise in neutrality.
  3. Wholeness and Completeness: Upholding undivided commitment to ethical standards across all interactions, ensuring trust and transparency.

This policy is inspired by the Association for Conflict Resolution’s Model Standards and aims to address both actual and perceived conflicts of interest across all our services—mediation, feedback portals, accountability processes, conflict coaching, and community projects.

2. Avoiding Conflicts of Interest

Safe Mediation commits to:

  • Avoiding actual or perceived conflicts of interest in all stages of engagement—before, during, and after a mediation or community project.
  • Transparency and proactive disclosure of any relationship, personal or professional, that could affect neutrality or raise questions about the impartiality of a Safe Mediation team member.

3. Identifying Conflicts of Interest

3.1. Direct Conflicts
  • Any existing relationship (personal, professional, or financial) with a participant that could reasonably compromise neutrality is considered a direct conflict.
  • Example: A mediator previously worked for or is closely connected to a participant in a corporate dispute or community project.
3.2. Perceived Conflicts
  • Even the perception of a conflict (e.g., former professional relationships, shared living situations) can damage trust. This must be disclosed to ensure transparency.
  • Example: A mediator shares living arrangements with someone who is related to a participant, raising concerns about impartiality, even if no direct relationship exists.
3.3. Financial Conflicts
  • Any financial interests related to the outcome of the case or project must be disclosed, and the mediator will be removed from the case.
  • Example: A staff member has a stake in a company involved in the dispute.
3.4. Post-Mediation Conflicts
  • Mediators are prohibited from establishing new relationships with mediation participants or community project stakeholders immediately following a mediation or project, if it would raise questions about the integrity of the mediation process. Time elapsed and the nature of the new relationship will be carefully considered.

4. Duty to Inquire

  • Safe Mediation will conduct a reasonable inquiry before assigning any case or project, ensuring that mediators or staff members have no conflicting relationships with any participants.
  • Mediators must disclose as soon as practicable if a potential or actual conflict arises during or after mediation, even if discovered later.
  • Proactive Approach: Regular internal reviews of staff members’ professional connections are conducted to mitigate unforeseen conflicts.

5. Disclosure and Consent

  • Full Disclosure: All actual or potential conflicts will be disclosed immediately to participants. This ensures transparency and allows participants to make an informed decision about continuing the process with the assigned mediator or facilitator.
  • Informed Consent: After disclosure, if all participants agree that the conflict does not affect the process, the mediation or project may proceed. However, the mediator must assess if their involvement undermines integrity, regardless of consent.

6. Withdrawal from Mediation

  • If a conflict arises during the process that undermines the integrity of the mediation or project, the mediator must withdraw, even if all participants consent to continue. Integrity takes precedence over expediency.
  • Withdrawal Scenarios:
    • Direct involvement with a participant in another capacity (e.g., personal friendship or professional collaboration).
    • Discovery of previously unknown relationships that could compromise neutrality.

7. Mitigating and Managing Perceived Conflicts

  • Reassignment of Cases: If a conflict, or the perception of one, is identified, the mediator or staff member will be immediately reassigned to preserve the impartiality of the process.
  • External Review: In complex situations where the perception of conflict is uncertain or disputed, Safe Mediation may engage an external reviewer or third-party mediator to assess the situation. This is particularly relevant in high-stakes cases or community projects dealing with systemic power imbalances or trauma-sensitive clients.
  • Transparency and Dialogue: Participants will be notified of any potential conflict and the steps taken to mitigate it. Safe Mediation encourages open communication and provides participants the opportunity to request reassignment of the mediator or facilitator.

8. Special Considerations for Trauma-Sensitive Clients

  • Trauma-Informed Approach: Safe Mediation understands that trauma-sensitive clients may be particularly impacted by even a perceived conflict of interest. Therefore, we take extra care to ensure that both real and perceived conflicts are identified and managed proactively to avoid retraumatizing participants.
  • Mitigation Measures:
    • Regular Check-Ins: We maintain ongoing dialogue with participants to ensure they feel comfortable and supported. If concerns about conflicts arise, the process will be paused until the conflict is resolved.
    • Multiple Mediator Option: In cases of perceived conflict, we may assign multiple mediators to offer more balance and ensure that participants feel safe and heard.
  • Consent and Empowerment: Participants are given full agency to voice concerns about potential conflicts and decide whether they feel comfortable continuing with the assigned mediator or facilitator.

9. Handling Conflicts in Long-Term Accountability Processes

  • Restorative and Transformative Justice Projects: Due to the long-term nature of these processes (2-5 years), it is essential that mediators and facilitators maintain strict boundaries. Any involvement in projects where a previous relationship exists, or where a conflict may arise over time, must be disclosed and managed carefully.
    • Ongoing Assessments: Regular assessments are conducted during long-term projects to ensure that no new relationships, personal or professional, have developed that could undermine neutrality.
    • Systemic Impact: In projects where power imbalances and cultural/structural harm are being addressed, perceived conflicts can be as damaging as actual conflicts. Therefore, Safe Mediation will consistently assess the power dynamics in play and take corrective actions where necessary, such as adjusting the mediator team or involving external parties for oversight.

10. Safeguarding the Integrity of Mediation and Community Projects

  • No Post-Mediation Relationships: To preserve the integrity of the mediation process, mediators must avoid entering personal or professional relationships with participants following mediation or project work for an appropriate amount of time. This cooling-off period will vary depending on the nature of the mediation but will always prioritize safeguarding neutrality.
    • Consideration of Time and Nature: When considering post-mediation relationships, factors such as time elapsed since the mediation and the nature of the services offered will determine whether the relationship may lead to a perceived or actual conflict.
  • Long-Term Relationships: Safe Mediation may maintain long-term professional relationships with organizations through services like feedback portals and accountability processes, but each engagement will be carefully monitored to ensure there is no crossover that compromises neutrality in specific cases.

11. Continuous Review and Compliance

  • Policy Review: Safe Mediation will review this Conflict of Interest policy annually or as needed to address emerging challenges in the fields of mediation, accountability processes, and community work.
  • Adherence to International Standards: We are committed to adhering to the Association for Conflict Resolution’s Model Standards as well as the Uniform Mediation Act to ensure that our processes meet international best practices.
  • Staff Training: All Safe Mediation staff will undergo regular training on conflict of interest identification, mitigation, and ethical decision-making to maintain the highest standards of conduct.

12. Participant-Focused Resolution of Conflicts

  • Immediate Action: If a participant identifies a potential conflict of interest, Safe Mediation will immediately take action to resolve the issue, whether by reassigning mediators or providing an alternative process.
  • Empowerment of Participants: Participants are encouraged to speak up if they feel uncomfortable with any mediator or facilitator due to a potential conflict. Safe Mediation values the empowerment of participants and will take all concerns seriously.
  • Trust and Integrity: Above all, Safe Mediation is committed to maintaining the trust of its participants by ensuring that every process, whether mediation, accountability, or community project, is conducted with the highest degree of integrity, impartiality, and ethical adherence.