Code of best practices of Mediation

 

SECTION I: BEST PRACTICES OF THE MEDIATOR

Article 1. Independence, impartiality and neutrality. The mediator before accepting a mediation, you should check that no conflict of interest with the parties and inform them of the existence of any personal, professional or business relationship that could compromise their independence or impartiality. Also, once initiated mediation, any supervening circumstances that might be perceived to affect the independence and / or impartiality, must be communicated immediately to the parties and only with the knowledge and consent of all, the mediator can continue with its function. The mediator must be and remain neutral in the conflict.

Article 2. Jurisdiction. The mediator prior to acceptance of the concrete mediation, he shall make an assessment of their own ability, qualifications and suitability to assume the development of its role as mediator informing the parties of their training and experience. The mediator will act diligently and manage the process efficiently.

Article 3. Information on the parties on the mediation process. The mediator will inform the parties about the principles underlying the mediation procedure, process development, performance standards, possible forms of termination of the process and cost of mediation. He also shall be in compliance with the legal regulations for the exercise of mediation.

Article 4. Fees. The mediator will not begin mediation without having informed the parties on fees for their intervention and obtained the agreement of the parties in this regard. Unless otherwise agreed by the parties, the fees and costs of mediation they will be paid aliquot formed therebetween. Mediators’ fees shall not be linked to the outcome of the mediation.

Article 5. Obligation of confidentiality. The mediator is subject to the obligation of confidentiality regarding all information known by reason of the mediation process, including the existence of mediation and, where applicable, the agreement reached. The duty of confidentiality can only be affected by operation of law or public policy. The information that the mediator has obtained during private sessions, may not be disclosed to the other party or parties, unless authorized by the party kept private.

Article 6. Resignation of mediator. Mediation subject to the principle of voluntariness, this principle affects not only the parties but at the same mediator. While once accepted the position, the mediator will perform it until the end of the mediation procedure, supervening circumstances that prevent continue to meet its obligations, can lead to the resignation of the mediator. In this case, as soon as the mediator becomes aware of these circumstances, it shall inform the parties to communicate his resignation.

SECTION II: BEST PRACTICE OF THE INSTITUTION

Article 7. Transparency and neutrality. The institution shall act independently and neutral and provide full and transparent information about the institution and the internal procedures followed in the administration of mediations, including the system of appointment of the mediator and, if necessary, the co mediator

Article 8. Efficiency and autonomy. Speed is a premise to observe in the process of mediation to be administered and will ensure that mediations are carried out efficiently and responsibly, facilitating dialogue and respect for the will of the parties, the principles of mediation and the legal provisions that are applicable.

Article 9. Assignation of mediators. Free choice of mediator and mutual agreement between the parties governing the designation process. The institution will proceed in the absence of free choice between the parties, to make an assignation of mediators according to objective and transparent criteria, such assignment have to adapt to the particular needs of each case.

Article 10. To ensure compliance with the principles governing mediation. The institution shall ensure that mediators are neutral, independent and impartial. It will force mediators to inform the institution any personal, professional or business relationship existing or supervening during the procedure with any party that could affect or be perceived to affect their independence and impartiality. In these cases, only the institution can assign the mediator or will remain in functions when the parties, duly informed expressly show their conformity.

Article 11. Certification and continuing education. The institution shall ensure that mediators are fully qualified to take on the development of mediation. They possess the qualifications, experience, training, ongoing training and adequate professional qualifications to mediate the conflict, according to current legislation at all times.

Article 12. Confidentiality. The institution will keep confidential present, past or future of mediation, the parties involved and, where applicable, the mediation agreement reached. Confidentiality may only be affected by operation of law or public policy.  

Article 13 Fees. Detailed information of the costs of mediation will be published both in the fees of mediators referred to as the rights of the institution for admission and administration of mediation.

Article 14. Promotion of mediation and training of mediators. The institution will promote both mediation and effective dispute resolution, such as continuous training of mediators mechanism.

(Code based on the Code of Best Practices on Mediation of CEA)