European Code of Conduct for Mediators

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

1. Competence – Mediators must be competent and have a thorough understanding of the Mediation process. Relevant elements include adequate training and ongoing updating of their education and practice in Mediation skills, having regard to relevant standards and systems of access to the profession.

2. Appointment – The Mediator shall consult with the Parties regarding the dates on which the Mediation may take place. Before accepting the appointment, the Mediator shall satisfy himself that he has the necessary training and competence to conduct the Mediation of the proposed case and, upon request, shall provide the Parties with information regarding this matter.

3. Fees – Unless otherwise provided, the Mediator must always provide the Parties with full information on the remuneration methods he intends to apply. The Mediator must not accept a Mediation before the terms of his remuneration have been approved by all the Parties involved.

4. Promotion of the Mediator's services – Mediators may promote their own activity, provided that it is done in a professional, truthful and dignified manner.

Art. 2 INDEPENDENCE AND IMPARTIALITY

1. Independence – If there are circumstances that may (or may appear to) affect the independence of the Mediator or create a conflict of interest, the Mediator must inform the Parties before acting or continuing his work. Such circumstances include:

a) any personal or professional relationship with one of the Parties;

b) any economic or other interest, direct or indirect, in relation to the outcome of the Mediation;

(c) the fact that the Mediator, or a member of his organisation, has acted in a capacity other than that of Mediator for one or more Parties.

In such cases, the Mediator may accept the assignment or continue the Mediation only if he is certain that he can conduct the Mediation with full independence, ensuring full impartiality, and with the express consent of the Parties. The duty to inform constitutes an obligation that persists for the entire duration of the proceedings.

2. Impartiality – The Mediator must at all times act impartially towards the parties, and must also seek to appear to be so, and must undertake to assist all parties equally in the mediation process.

Art. 3 THE AGREEMENT, THE PROCEDURE AND THE RESOLUTION OF THE DISPUTE

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 before the mediation begins, the parties have understood and expressly accepted the terms and conditions of the mediation agreement, including the applicable provisions on confidentiality obligations of the Mediator and the parties. At the request of the parties, the mediation agreement may be drawn up in writing. The Mediator must conduct the process in an appropriate manner, taking into account the circumstances of the case, including possible imbalances in power, any wishes expressed by the parties and particular provisions of law, as well as the need for a speedy resolution of the dispute. The parties may agree with the Mediator how the mediation is to be conducted, by reference to a set of rules or otherwise. If the Mediator deems it appropriate, he or she may hear the parties separately.

2. Fairness of the proceedings – The Mediator must ensure that all parties can adequately participate in the proceedings. The Mediator must inform the parties, and may terminate the mediation, in the event that:

(a) an agreement is reached which appears to the Mediator to be unenforceable or illegal, having regard to the circumstances of the case and the Mediator's competence to reach such an assessment; or

(b) the Mediator concludes that continuing the mediation is unlikely to lead to a resolution of the dispute.

3. End of the proceedings – The Mediator must take all appropriate measures to ensure that any agreement reached between the parties is based on informed consent and that all parties understand its terms. The parties may withdraw from the mediation at any time without providing any justification. The Mediator must, at the request of the parties and within the limits of his/her competence, inform the parties of the ways in which they can formalize the agreement and of the possibilities of making the agreement enforceable.

Art. 4 CONFIDENTIALITY

The Mediator shall maintain confidentiality of all information arising from or relating to the Mediation, including the fact that the Mediation is in progress or has taken place, except where required by law or for reasons of public order.

Any confidential information communicated to the Mediator by either Party shall not be disclosed to the other without the consent of the Party or unless required by law.