MEDIATION OUR VIEW: DIALOGUE, SOLUTION, FAIRNESS
INTEGRITY AND TRANSPARENCY
The Conciliation Body Concordia et Ius srl undertakes to:
1. Operate with the utmost integrity, transparency and impartiality in all its activities.
2. Provide clear and complete information on the services offered, the procedures and the associated costs.
3. Ensure the confidentiality of information relating to mediation, in accordance with applicable laws.
2 RESOURCE MANAGEMENT
The Organization undertakes to:
1. Select and train highly qualified mediators.
2. Maintain an updated list of competent and specialized mediators in different areas.
3. Ensure an equitable distribution of tasks among registered mediators.
3 QUALITY OF SERVICE
The Organization undertakes to:
1. Provide high-quality, efficient and timely mediation service.
2. Constantly monitor the quality of the mediations conducted.
3. Collect feedback from stakeholders to continuously improve the services offered.
4. IMPARTIALITY AND PREVENTION OF CONFLICTS OF INTEREST
The Organization undertakes to:
1. Maintain a position of neutrality with respect to the parties in conflict.
2. Implement procedures to identify and manage potential conflicts of interest.
3. Ensure that the assigned mediators are free from any conflict of interest.
5 TRAINING AND UPDATING
The Organization undertakes to:
1. Promote the ongoing training of its mediators.
2. Organize refresher and specialization courses.
3. Promote the exchange of best practices among mediators.
6 COMPLIANCE WITH REGULATIONS
The Organization undertakes to:
1. Operate in full compliance with applicable mediation laws and regulations.
2. Promptly adapt your procedures to any regulatory changes.
3. Collaborate with the competent authorities to promote the culture of mediation.
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 thoroughly knowledgeable about the mediation process. Relevant elements include adequate training and ongoing education and practice in mediation skills, taking into account relevant regulations and access systems to the profession.
2. Appointment – The Mediator must consult with the Parties regarding the dates on which the Mediation may take place. Before accepting the appointment, the Mediator must ensure that he or she has the necessary training and expertise to conduct the Mediation of the proposed case and, upon request, must provide the Parties with relevant information.
3. Fees – Unless otherwise provided, the Mediator must always provide the Parties with complete information on the remuneration methods they intend to apply. The Mediator must not accept a Mediation until the terms of their remuneration have been approved by all interested Parties.
4. Promotion of the Mediator's Services – Mediators may promote their own activities, provided they do so in a professional, truthful, and dignified manner.
Art. 2 INDEPENDENCE AND IMPARTIALITY
1. Independence – If there are circumstances that may (or may appear to) undermine the Mediator's independence or create a conflict of interest, the Mediator must inform the Parties before acting or continuing his or her work. Such circumstances include:
a) any personal or professional relationship with either Party;
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, 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 or she is confident that he or she can conduct the Mediation with complete independence, ensuring complete impartiality, and with the express consent of the Parties. The duty to provide information is an obligation that persists throughout the entire 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 provide fair assistance to all parties 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 roles of the Mediator and the parties therein. In particular, the Mediator must ensure that, prior to the initiation of 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 the parties. At the parties' request, the mediation agreement may be drafted in writing. The Mediator must conduct the process appropriately, taking into account the circumstances of the case, including possible imbalances in power, any wishes expressed by the parties, specific regulatory provisions, and the need for a prompt resolution of the dispute. The parties may agree with the Mediator on the manner in which the mediation will be conducted, by reference to a set of rules or otherwise. If deemed appropriate, the Mediator may hear the parties separately.
2. Fairness of the process – The mediator must ensure that all parties can adequately participate in the process. The mediator must inform the parties, and may terminate the mediation, if:
(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 process – 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 parties' request and within the limits of his or her jurisdiction, inform the parties of the ways in which they can formalize the agreement and of the possibilities for making it enforceable.
Art. 4 CONFIDENTIALITY
The Mediator must maintain confidentiality regarding 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.


