EUROPEAN CODE OF CONDUCT FOR MEDIATORS

European Code of Conduct for Mediators

The European Code of Conduct for Mediators was developed by an initiative group of practicing mediators with the support of the European Commission and adopted at a conference in Brussels on June 2, 2004.

This code of conduct defines a number of principles that mediators undertake to adhere to at their own risk voluntarily. The Code is designed for all types of mediation in civil and commercial matters.

Organizations providing mediation services can also take on these obligations, requiring mediators operating under the auspices of these organizations to comply with the code. Organizations are able to provide information on the measures they take to ensure that mediators comply with the code through, for example, training, evaluation and monitoring.

For the purposes of this code, mediation is defined as any process in which two or more parties agree to engage a third party (hereinafter “the mediator") to assist them in resolving their dispute by reaching agreement without a court decision, regardless of how this process may be called or characterized in the generally accepted sense in each of the member countries.

References to the code do not affect the operation of national legislation or the rules governing individual areas of activity.

Organizations providing mediation services can develop more detailed codes that apply to a specific context or to the types of mediation services they offer, as well as to specific areas, such as mediation in family affairs or in consumption.

1. COMPETENCE AND APPOINTMENT OF THE MEDIATOR

1.1. Mediator Competency

Mediators should be competent and have the necessary knowledge in the field of mediation. Important factors are the proper training and continuous improvement of their theoretical and practical skills in the field of mediation, taking into account all relevant standards or requirements related to their accreditation.

1.2. The purpose of the mediator

The mediator discusses with the parties acceptable dates for the mediation. Before accepting an offer to act as a mediator, a mediator must make sure that he has sufficient work experience and competence to conduct mediation, and, at the request of the parties, provide them with information about his previous activities and about his work experience.

1.3. Advertising by mediators of their services

Mediators have the right to advertise their activities in a professional, truthful and dignified manner.

2. INDEPENDENCE AND IMPARTIALITY

2.1. Independence and neutrality

The mediator has no right to act or, if he began to act, continue to act without first clarifying all the circumstances that could or could affect his independence or cause a conflict of interest. The obligation to clarify such circumstances is a constant requirement throughout the process of mediation. These circumstances include:

- any personal or business relationship with one of the parties,

- any, whether direct or indirect, financial or other interest in the results of mediation,

- the previous activity of a mediator or any of his company, an enterprise in any other capacity than a mediator, in favor of one of the parties.

In such cases, the mediator can agree to mediation or continue mediation only if he is confident in his ability to mediate in full independence and neutrality, ensuring complete objectivity and with a certain agreement between the parties.

2.2. Impartiality

The mediator should always act absolutely objectively in relation to each of the parties and strive to be perceived as acting and striving to provide services to each of the parties with regard to mediation in the same way, with respect to the mediation process.

3. MEDIA AGREEMENT, PROCESS, DISPUTE SETTLEMENT AND REMUNERATION

3.1. Procedure

The mediator must make sure that the parties understand the features of the mediation process and the role of the mediator and the parties in this process.

In particular, the mediator must make sure that the parties understand the terms and conditions of the mediation agreement, including, in particular, all the provisions regarding the mediator's and the parties' obligations regarding confidentiality, and express their consent to accepting mediation obligations. these terms and conditions.

At the request of the parties, a mediation agreement is concluded in writing.

The mediator must conduct the procedure properly, taking into account the circumstances of the case, including a possible imbalance of forces and the rule of law, possible wishes of the parties and the need for a quick settlement of the dispute. The parties are completely free to express their consent with the mediator - with reference to the rules or otherwise with those methods that should be used in mediation.

The mediator, if he considers it appropriate, may hear the parties individually.

3.2. Process integrity

The mediator, if he considers it appropriate, may, having informed the parties, terminate the mediation procedure if:

- he, taking into account the circumstances of the case and his competence, considers that the proposed agreement is impossible or illegal,

- He believes that the continuation of the mediation procedure is unlikely to lead to a positive result.

3.3. Process end

The mediator should take all appropriate measures to ensure that mutual understanding is reached by all parties on the basis of informed information and consent, and that all parties understand the terms of the agreement.

The parties have the right to refuse to continue the mediation process at any time without explanation.

The mediator, at the request of the parties and within the limits of his competence, may inform the parties about how they can draw up an agreement and about the possibilities to ensure the execution of the agreement.

3.4. Remuneration

In cases where this has not been done in advance, the mediator must in each case provide the parties with complete information about the way he is remunerated, which he means. The mediator should not agree to mediation until the consent of all interested parties to the appropriate remuneration has been obtained.

4. PRIVACY

The mediator must keep confidential all information received during the mediation process or related to it, including the fact that mediation will be carried out or has already taken place, except if it is connected with the requirements of the law or the principles of public policy. Any information communicated confidentially to the mediator of one of the parties should not be communicated by him to the other party, unless it is agreed by the other party or required by law.