Index

1. Preamble / Objective
2. Definitions
3. Self-Determination
4. Impartiality
5. Conflict of Interest
6. Confidentiality
7. Competence
8. Fees
9. Advertising and Solicitation

Preamble

1. OBJECTIVES

The main objectives of this Code are:

• To provide guiding principles for Mediators’ conduct;
• To promote confidence in mediation as a process for resolving disputes.

2. DEFINITIONS

“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 kind;

“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

1. any dealing or relationship that might create an impression of possible bias, non-neutrality, or unfairness, or
2. 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.

3. SELF-DETERMINATION

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.

4. IMPARTIALITY

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.

5. CONFLICT OF INTEREST

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 parties.

6. CONFIDENTIALITY

A Mediator must maintain the confidentiality of mediation communications.

A Mediator will only disclose the same if required by law or with consent of all the parties.

7. COMPETENCE

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.

8. FEES

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..

9. ADVERTISING AND SOLICITATION

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.