European Code of Conduct for Mediators

 

  1. COMPETENCE, APPOINTMENT AND FEES OF MEDIATORS AND PROMOTION OF THEIR SERVICES

1.1. Competence

Mediators must be competent and knowledgeable in the process of mediation. Relevant factors include

proper training and continuous updating of their education and practice in mediation skills, having

regard to any relevant standards or accreditation schemes.

1.2. Appointment

Mediators must confer with the parties regarding suitable dates on which the mediation may take place.

Mediators must verify that they have the appropriate background and competence to conduct mediation

in a given case before accepting the appointment. Upon request, they must disclose information

concerning their background and experience to the parties.

1.3. Fees

Where not already provided, mediators must always supply the parties with complete information as to

the mode of remuneration which they intend to apply. They must not agree to act in a mediation before

the principles of their remuneration have been accepted by all parties concerned.

1.4. Promotion of mediators’ services

Mediators may promote their practice provided that they do so in a professional, truthful and dignified way.

  1. INDEPENDENCE AND IMPARTIALITY

2.1. Independence

If there are any circumstances that may, or may be seen to, affect a mediator’s independence or give

rise to a conflict of interests, the mediator must disclose those circumstances to the parties before acting

or continuing to act.

Such circumstances include:

– any personal or business relationship with one or more of the parties;

– any financial or other interest, direct or indirect, in the outcome of the mediation;

– the mediator, or a member of his firm, having acted in any capacity other than mediator for one or

more of the parties.

In such cases the mediator may only agree to act or continue to act if he is certain of being able to carry

out the mediation in full independence in order to ensure complete impartiality and the parties explicitly

consent.

The duty to disclose is a continuing obligation throughout the process of mediation.

2.2. Impartiality

Mediators must at all times act, and endeavour to be seen to act, with impartiality towards the parties

and be committed to serve all parties equally with respect to the process of mediation.

European Code of Conduct for Mediators

  1. THE MEDIATION AGREEMENT, PROCESS AND SETTLEMENT

3.1. Procedure

The mediator must ensure that the parties to the mediation understand the characteristics of the

mediation process and the role of the mediator and the parties in it.

The mediator must in particular ensure that prior to commencement of the mediation the parties have

understood and expressly agreed the terms and conditions of the mediation agreement including any

applicable provisions relating to obligations of confidentiality on the mediator and on the parties.

The mediation agreement may, upon request of the parties, be drawn up in writing.

The mediator must conduct the proceedings in an appropriate manner, taking into account the

circumstances of the case, including possible imbalances of power and any wishes the parties may

express, the rule of law and the need for a prompt settlement of the dispute. The parties may agree with

the mediator on the manner in which the mediation is to be conducted, by reference to a set of rules

or otherwise.

The mediator may hear the parties separately, if he deems it useful.

3.2. Fairness of the process

The mediator must ensure that all parties have adequate opportunities to be involved in the process.

The mediator must inform the parties, and may terminate the mediation, if

– a settlement is being reached that for the mediator appears unenforceable or illegal, having regard to

the circumstances of the case and the competence of the mediator for making such an assessment, or

– the mediator considers that continuing the mediation is unlikely to result in a settlement.

3.3. The end of the process

The mediator must take all appropriate measures to ensure that any agreement is reached by all parties

through knowing and informed consent, and that all parties understand the terms of the agreement.

The parties may withdraw from the mediation at any time without giving any justification.

The mediator must, upon request of the parties and within the limits of his competence, inform the

parties as to how they may formalise the agreement and the possibilities for making the agreement

enforceable.

  1. CONFIDENTIALITY

The mediator must keep confidential all information arising out of or in connection with the mediation,

including the fact that the mediation is to take place or has taken place, unless compelled by law or

grounds of public policy to disclose it. Any information disclosed in confidence to mediators by one of

the parties must not be disclosed to the other parties without permission, unless compelled by law

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