European Code of Conduct for Mediators

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

1. Expertise – Mediators must be competent and have in-depth knowledge of the mediation process. Relevant elements include adequate training and continuous updating of one's education and practice in mediation skills, having regard to relevant standards and systems of access to the profession.

2. Appointment – The Mediator should consult with the Parties regarding the dates on which Mediation may take place. Before accepting the assignment, the Mediator must verify that he is equipped with the preparation and competence necessary to conduct the Mediation of the proposed case and, upon request, he must provide the Parties with information on the matter.

3. Fees – If not already provided for, the Mediator must always provide the Parties with complete information on the remuneration methods he intends to apply. The Mediator shall not accept a Mediation before the conditions of his remuneration have been approved by all the interested Parties.

4. Promotion of the Ombudsman's services – Ombudsmen may promote their business, as long as it is professional, truthful and dignified.

Art. 2 INDEPENDENCE AND IMPARTIALITY

1. Independence – If circumstances exist which may (or may appear to) affect the independence of the Mediator or lead to a conflict of interest, the Mediator must inform the Parties before acting or continuing his work. The above 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 organization, 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 which persists for the entire duration of the proceedings.

2. Impartiality – The Mediator must at all times act impartially towards the parties, also seeking to appear as such, and must undertake to assist all parties fairly 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 involved in 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 commencing the mediation the parties have understood and expressly accepted the terms and conditions of the mediation agreement, including the applicable provisions regarding the confidentiality obligations of the mediator and to the parties. At the request of the parties, the mediation agreement can be drawn up in writing. The mediator must conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible imbalances in the balance of power, any wishes expressed by the parties and particular legal provisions, as well as the need for a speedy resolution of the dispute. The parties can agree with the Mediator how the mediation is to be conducted, by reference to a set of rules or otherwise. If he deems it appropriate, the Ombudsman may hear the parties separately.

2. Fairness of the proceedings – The Ombudsman must ensure that all parties are able to intervene appropriately in the proceedings. The mediator must inform the parties, and may terminate the mediation, if:

a) an agreement is reached that appears to the Ombudsman to be unenforceable or illegal, having regard to the circumstances of the case and the competence of the Ombudsman 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 proceedings – The mediator must take all appropriate steps so 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 competence, inform the parties of the ways in which they can formalize the agreement and of the possibilities of making the agreement enforceable.

Article 4 CONFIDENTIALITY

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

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