Erwin I. Katz
- Preamble / Objective
- Conflict of Interest
- Advertising and Solicitation
The main objectives of this Code are:
- To provide guiding principles for Mediators’ conduct;
- To promote confidence in mediation as a process for resolving
“Mediation” means a process in which an impartial third
party, a Mediator, facilitates the resolution of a dispute by assisting
disputing parties to reach a voluntary, mutually acceptable resolution
of their dispute.
“Mediator” means an impartial person whose role in mediation is:
- To facilitate communication, promote understanding, and assist the
parties to negotiate in good faith with each other,
- To focus the parties on their interests and assist them in
developing options to make informed decisions,
- To assess risks, consider possible settlement options, and resolve
their dispute voluntarily,
- To facilitate resolution without making decisions for or imposing
a settlement on the parties.
“Self determination” means the rights of the parties in a mediation
to make their own voluntary and mutually agreeable decisions regarding
the possible resolution of any issue in dispute without coercion of any
“Impartiality” means the Mediator’s conducting the mediation in a
fair, non-bias and neutral way with respect to all the parties in the
dispute, their interests, and their options for settlement.
“Conflict of Interest” means
- any dealing or relationship that might create an impression of
possible bias, non-neutrality, or unfairness, or
- any direct or indirect financial or personal interest in the
outcome of the dispute or any existing or past financial, business,
professional, family or social relationship which is may affect
impartiality or create an appearance of bias.
A Mediator must respect and encourage self-determination
by the parties in their own informed decisions to resolve their dispute
voluntarily. Mediators must refrain from making directives or expressing
decisions regarding the issues in dispute and options for settlement.
A Mediator must serve and conduct the mediation in an
neutral and unbiased manner.
If and when a Mediator becomes aware of a lack of the Mediator’s
impartiality, he/she must immediately disclose such to the parties and
must withdraw from the mediation.
A Mediator must disclose all actual and potential conflicts of
interest known to the Mediator.
After disclosure, the Mediator must decline or withdraw as Mediator
unless all parties mutually agree to retain the Mediator.
A Mediator must not allow pressure or influence from third parties to
compromise the impartiality of the Mediator.
A Mediator must not act for any of the parties subsequently in any
matter arising out of mediation without the written consent of all
A Mediator must maintain the confidentiality of mediation
A Mediator will only disclose the same if required by law or with
consent of all the parties.
A Mediator must mediate only when the Mediator has the necessary
qualifications and skills to satisfy the reasonable expectations of the
parties and, where the Mediator lacks the required skills the Mediator
should withdraw from serving as Mediator.
A Mediator must fully disclose in writing, and explain the basis of
the fees and costs to be charged by the Mediator.
The Mediator must not make any unilateral arrangements with any of
the parties for additional fees..
A Mediator must be truthful in advertising and solicitation for
mediation and shall refrain from guaranteeing settlement, promising
results, or stating prior settlement rates.
A Mediator shall provide accurate information about his/her
education, background, and experience in the qualification and selection
processes before appointment or selection as Mediator.