Posted By Sheila Sproule, J.D., Co-Chair of the Mediator Ethics Advisory Committee, Friday, July 8, 2016

I am excited to share with you the newest Opinion from the Mediator Ethics Advisory Committee, which can be found on our web page by clicking this link: https://www.nycourts.gov/ip/adr/meac.shtml#Opinions and then clicking on the link for Opinion 2015-01. The Committee -- comprised of your CDRC, NYSDRA and Dispute Resolution academic colleagues, peers and volunteers -- is copied here, so our office can acknowledge their important contribution to our understanding of mediator ethics. The Quarterly Subcommittee, who provide the full Committee with the written Opinion upon which they vote, was comprised this term of Committee members Sarah Rudgers-Tysz, Ryon Fleming and Alex Carter. We thank them for their thoughtful and informative work! 

This Opinion is timely, since it involves a request to video record a mediation at a CDRC. In this particular scenario, the CDRC does not have a policy regarding the recording of mediation sessions. Both of the parties in this custody and visitation case are represented by attorneys, and the husband’s attorney has requested the recording of the session/s with the husband’s consent, since the attorney is unable to participate in the session/s. The wife and her attorney, as well as the attorney for the child, have also consented to this request. After considering the concerns raised by the mediator and the center, including the impact that the video recording might have on the integrity of the process, the parties, and the mediator, and applying the applicable Standards and levels of guidance to those considerations, the Committee concluded that under this scenario the video recording should not be allowed. 

Please share this Opinion with who you think might benefit from reading it. As always, if you have any questions, or would like to submit an anonymous inquiry (meaning no identifying information will be provided in the written Opinion) to the Committee on behalf of a staff member or volunteer at your center, please feel free to do so by sending your inquiry by email to cdrcp@courts.state.ny.us.