European code of conduct for Mediators
This Code of Conduct establishes a set of principles whose compliance is left to the discretion of individual mediators, under their own responsibility. It may be applied to any type of mediation in civil and trading matters.
Organisations providing mediation services can also be adjusted, asking mediators acting under the auspices observe the Code of Conduct. Organizations may disclose information on measures they are taking in training, evaluation and supervision so that individual mediators observe the Code of Conduct.
For the purposes of the Code of Conduct, the term mediation any proceedings, regardless of how denominated or the concerns, in which two or more parties with a conflict of interest agree voluntarily to try to resolve it with the assistance of a third party called, the mediator.
Compliance with the Code of Conduct shall be without prejudice to national legislation or specific professional rules.
Organisations providing mediation services may develop more detailed codes adapted to specific situations or the types of mediation services they offer, as well as certain areas such as family mediation or consumption mediation.
1. COMPETENCE, DESIGNATION AND FEES OF MEDIATORS AND PROMOTION OF THEIR SERVICES.
Mediators shall be competent in the field of mediation and should know the procedure of it. It is deemed essential that have appropriate training and constantly update their theoretical and practical skills, taking into account standards or accreditation schemes.
The mediator will determine with the parties dates that are convenient for the development of mediation. The mediator will ensure it has the necessary training and competencies to mediate the case before accepting the appointment. At the request of the parties, the mediator shall provide the information of their training and experience.
When you have not prepared anything else, the mediator shall inform the parties that form of compensation shall be subject its intervention. The mediator should not intervene in any mediation before the principles of their remuneration have been accepted by all stakeholders.
1.4 Promotion mediator services
Mediators may advertise their services, as long as they do it in a professional, honest and decent way
Before starting or continuing its work, the mediator shall disclose any circumstance which affects or may affect their independence or create a conflict of interest.
Such circumstances include:
- All kinds of personal or business relationship with one of the parties
- Any indirect financial or other interest other direct or, in the final outcome of the mediation, or
- The mediator, or a member of the company, have previously acted on behalf of one or more of the parties under any circumstances, except for mediation.
In such cases the mediator may only accept or continue the mediation provided that is sure to mediate in full independence in order to ensure complete impartiality and the parties explicitly consent. The duty to disclose information remains throughout the mediation process.
The mediator shall act impartially with the parties at all times, and strive to demonstrate their impartiality, it shall also undertake to serve equally to all parties during the mediation process.
The mediator will ensure that the parties understand the characteristics of the mediation process, its role as mediator and the parties to these proceedings.The mediator will ensure that before the start of the mediation the parties have understood and expressly agreed the terms of the mediation agreement, including in particular the provisions relating to the obligation of confidentiality of the mediator and the parties. The mediation agreement has to be written down, at the request of the parties. The mediator shall conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, the possible imbalances of power, wishes expressed the parties, the applicable law and the need to reach a speedy resolution of the conflict. The parties will be free to agree with the mediator, referring to a standard or otherwise, the way in which is to be carried out mediation. If necessary, the mediator may hear the parties separately.
3.2 Impartiality of procedure
The mediator will ensure that all parties can participate effectively in the process. The mediator will inform the parties and shall terminate mediation if:
- It has concluded an agreement that the mediator deemed unenforceable or illegal, taking into account the circumstances of the case, or when deemed competent to conclude it, or
- The mediator considers that it is unlikely that the continuation of measurement in an agreement.
3.3 End of procedure
The mediator shall take all appropriate measures to ensure that the parties give their consent to the agreement with full knowledge and understanding of the terms of the measures.
The parties can resign at any time to mediation without justification.
The mediator shall inform the parties, at their request and within the limits of its competence, on how to formalize the agreement and the possibilities that can be applied.
The mediator will respect the confidentiality of any information derived from mediation or relating, including the mere existence of mediation in the present or in the past, unless there are legal or public policy contrary reasons. Unless otherwise provided by law, any confidential information disclosed to mediators by one of the parties may be disclosed to other parties without your permission.