On August 12, 2025, the Board of Directors of MCAFM approved and adopted the Association of Family and Conciliation Courts (AFCC) "Model Standards for Family and Divorce Mediation." The new Standards were developed by AFCC and American Bar Association (ABA) Family Law Section Task Force to Revise the Model Standards of Practice for Family and Divorce Mediation in collaboration with and adopted by: ABA Section of Dispute Resolution, Association for Conflict Resolution (ACR), and Academy of Professional Family Mediators (APFM). CLICK HERE FOR FULL TEXT OF Model Standards for Family and Divorce Mediation - 07-22-2025
The Model Standards for Family and Divorce Mediation (“Model Standards”) serve as the ethical cornerstone for mediation in family and divorce matters. Over the past twenty-five years, the practice of family and divorce mediation has become increasingly widespread, structured, and embedded within legal and institutional systems. These updated Model Standards aim to promote public confidence in a continually evolving profession while offering clear and consistent guidance to participants, professionals, contracting agencies, and courts.
A formal draft of the revised Model Standards was released jointly by AFCC, ABA, APFM, and ACR for public comment from March 22 to April 13, 2025. This public comment period yielded significant input, with nearly sixty-five individuals and mediation organizations submitting written comments to the Task Force. These submissions were shared with the whole Task Force, and several extended meetings were held to carefully consider and incorporate the feedback. The Task Force unanimously approved the final version of the Model Standards in May 2025.
SCOPE OF THE MODEL STANDARDS The Model Standards for Family and Divorce Mediation (“Model Standards”) seek to:
(1) provide guidance for mediators regarding responsible practice;
(2) inform participants, professionals, and others what they can expect in the mediation process;
(3) provide guidance for contracting agencies and courts that provide or contract for mediation services; and
(4) promote public confidence in mediation as a process for resolving family disputes.
In 2022, the Task Force for the Revision of the Model Standards for Family and Divorce Mediation was appointed by the Association of Family and Conciliation Courts (“AFCC”) and the American Bar Association (“ABA”) Section of Family Law, with representation from the ABA Section of Dispute Resolution, the Academy of Professional Family Mediators (“APFM”), and the Association for Conflict Resolution (“ACR”) to update and expand the 2000 Model Standards. These Model Standards, unless and until adopted by a court or other regulatory authority, do not have the force of law. Adherence to the Model Standards is not a condition of AFCC or ABA membership. The Model Standards include different levels of guidance: The term may indicates a practice that the mediator can consider adopting but which can be deviated from in the exercise of good professional judgment. The term should indicates that the practice is highly desirable, to be departed from only with very strong reason. The term shall signals a stronger level of guidance, indicating that the mediator does not have discretion to depart from the practice described.
DEFINITIONS AND DESCRIPTIONS
Conflict of interest: Conflict of interest means any relationship between the mediator and the participants or the subject matter of the dispute that compromises or appears to compromise the mediator’s impartiality.
Culture: Culture is defined as the norms, values, beliefs, customs, historical narratives, and behavioral patterns common to a particular group of people.
Domestic abuse: Domestic abuse involves physically, sexually, economically, psychologically, and coercively controlling behaviors directed by or against current or former family or household members. These behaviors may occur alone or in combination. They vary from family to family in terms of frequency, recency, severity, manner, directionality, pattern, intention, circumstance, and consequence. (People may also refer to domestic abuse as domestic violence, family violence, or intimate partner violence).
• Physically aggressive behaviors involve the intentional use of physical force with the potential to cause injury, harm, disability, or death.
• Sexually aggressive behaviors involve unwanted sexual activity that occurs without consent through the use of force, threats, deception, or exploitation.
• Economically aggressive behaviors involve the use of financial resources to intentionally diminish or deprive another of economic security, stability, standing, or self-sufficiency.
• Psychologically aggressive behaviors involve intentional infliction of harm to emotional safety, security, or wellbeing.
• Coercively controlling behaviors involve harmful conduct that subordinates the will of another through violence, intimidation, intrusiveness, isolation, or control.
Impartiality: Impartiality means freedom from favoritism or bias in word, action, or appearance, and it includes a commitment to assist all participants as opposed to any one individual.
Online Dispute Resolution (“ODR”): ODR refers to the use of technology to facilitate dispute resolution processes that are not conducted face to face, such as videoconferencing, phone, email, chat and text-based applications, and other online platforms.
Participants: In addition to the parties, participants may include the parties’ family members, including children, and their representatives, lawyers, advocates, advisors, and support persons. Participants may also include subject-matter experts, brought in to provide technical information or insights. This term highlights the inclusive and participatory nature of mediation.
Parties: Parties are individuals or entities with rights or obligations in a case, such as plaintiff(s) and defendant(s), petitioner(s) and respondent(s), or anyone defined as a party in the applicable jurisdiction. The parties’ agreement is necessary for any mediated settlement to be reached. While all parties are participants in the mediation process, not all participants are parties.
Technology: In mediation practice, technology refers to the broad and evolving array of digital tools, platforms, and systems that facilitate, enhance, and support all aspects of the mediation process. This includes secure communication methods; case and document management systems; videoconferencing and ODR platforms; data security measures; agreement drafting and execution tools; analytical and decision-support technologies; educational and training resources; and emerging technologies, such as artificial intelligence (“AI”), large language models (“LLM”), algorithmic decision-making tools, and similar technology integrated into mediation practice.
The Standards — Stated Briefly
STANDARD I: SELF-DETERMINATION The mediator shall support party self-determination and the parties’ voluntary and autonomous decisionmaking throughout the process. A. Party self-determination is fundamental to mediation.
STANDARD II: INFORMED DECISION-MAKING The mediator shall structure the mediation process to ensure that the parties have access to sufficient information and knowledge to make decisions.
STANDARD III: EDUCATION OF PARTIES The mediator shall educate potential parties about the mediation process.
STANDARD IV: BARRIERS TO PARTICIPATION AND PROCESS MODIFICATION The mediator shall help the parties assess the appropriateness of mediation and explore how the process may be tailored to address particular concerns.
STANDARD V: DOMESTIC ABUSE The mediator shall screen for domestic abuse and help each party assess its impact on meaningful participation and determine whether a mediation process can be designed to address barriers to self determination and informed decision-making.
STANDARD VI: CHILD MALTREATMENT The mediator shall take appropriate steps to safeguard the wellbeing of the child if the mediator recognizes a family situation involving child maltreatment.
STANDARD VII: IMPARTIALITY AND CONFLICT OF INTEREST The mediator shall conduct the mediation process in an impartial manner, free from favoritism, bias, prejudice, and conflicts of interest.
STANDARD VIII: CONFIDENTIALITY The mediator shall maintain confidentiality of all information acquired in the mediation process unless the mediator is permitted or required to reveal the information by law, rule, or agreement of the parties.
STANDARD IX: TECHNOLOGY The mediator shall use technology competently and keep abreast of updates, innovations, ethical considerations, and potential challenges.
STANDARD X: CHILD-CENTERED PROCESS The mediator shall assist participants in discussing the best interests of the child and determining how to include a child’s voice in the mediation process.
STANDARD XI: TERMINATION The mediator shall suspend or terminate the mediation process when the mediator reasonably believes a party is unable or unwilling to safely and effectively participate, when a party requests termination, or for other compelling reasons.
STANDARD XII: TRAINING AND PROFESSIONAL COMPETENCE The mediator shall be qualified by education, training, and experience to competently undertake the mediation.
STANDARD XIII: MEDIATION FEES, COMPENSATION, AND TIMING Before the mediation begins, the mediator shall fully disclose and explain the basis of any compensation, fees, and charges to the participants.
STANDARD XIV: ADVERTISEMENT, SOLICITATION, AND MARKETING The mediator shall be truthful in all advertisements, solicitations, and communications for mediation services.
CLICK HERE FOR FULL TEXT OF Model Standards for Family and Divorce Mediation - 07-22-2025