∑ To provide guiding principles for mediatorsí conduct.
∑ To provide a means of protection for the public.
∑ To inform the mediating parties.
∑ To promote confidence in mediation as a process for resolving disputes.
   
         
   

Self determination.


   
   

Self determination is the right of parties in a mediation to make their own voluntary and non-coerced decisions regarding the possible resolution of any issue in dispute.


Mediators should provide information about their role in the mediation before mediation commences, including the fact that authority for decision making rests with the parties.

   
   

Impartiality.


   
   

The concept of mediator impartiality is central to the mediation process.


A mediator should mediate only those matters in which he/she can remain impartial and evenhanded.


Mediators have a duty to remain impartial throughout the mediation process.


If mediators become aware of their impartiality, they shall immediately disclose to the parties and withdraw from the mediation.

   
   

Competence.


   
   

Any person who offers to serve as a mediator gives the parties and the public the expectation that he/she has the competency to mediate effectively.


Training and education in mediation are necessary for effective mediation.


So is the continuous updating of their education and practice in mediation skills.

   
   

Conflict of interest.


   
   

The mediator must not act, or, having started to do so, continue to act, before having disclosed any circumstances that may, or may be seen to, affect his or her independence or conflict of interests.


Such circumstances shall include: Any personal or business relationship with one of the parties, any financial or other interest, direct or indirect, in the outcome of the mediation.


Mediators or their associates or partners shall not establish a professional relationship with any of the parties in a matter related to the mediation which could give rise to a conflict of interest, without the consent of all parties.

   
   

Confidentiality.


   
   

   

The general rule is that a mediator may not voluntarily disclose and may not be required to disclose any information or documents that are exchanged for or during the mediation process or a communication provided in confidence to the mediator. 

Exceptions to this "non-disclosure requirement" include: 


a) Written consent of all of the parties and the mediator, 


b) A mediation communication which reveals an actual or potential threat to human life; the intent to commit a felony, inflict bodily harm or threaten the safety of a child under the age of eighteen years,

   
c) The communication is required by statute or the court to be made public, and

  
d) In an action alleging willful or wanton misconduct of the mediator. 

   
e) When the information/documentation is non-identifiable, (unless all of the parties otherwise authorize identification), and is used for research, statistical, accreditation, or educational purposes and is limited only to what is required to achieve these purposes:
  

(i) Mediators shall inform the parties of the confidential nature of mediation. 
   

(ii) If mediators hold private sessions (breakout meetings, caucuses) with a party, they shall discuss the nature of such sessions with all parties prior to commencing such sessions. In particular, mediators shall inform parties of any limits to confidentiality applicable to information disclosed during private sessions. 
   

Mediators shall maintain confidentiality in the storage and disposal of mediation notes records and files. 
   

   
   

Quality of the process.


   
   

   

A mediator should work to ensure a quality process in order for mediation to be effective. 
   

A quality process requires a commitment by the mediator to diligence and procedural fairness. 
 

There should be adequate opportunity for each party in the mediation to participate in the discussions. 
  

The parties decide when and under what conditions they will reach an agreement or terminate mediation.
  

Mediators shall make reasonable efforts to ensure the parties understand the mediation process before mediation commences.
  

Mediators have a duty to ensure that they conduct a process which provides parties with the opportunity to participate in the mediation and which encourages respect among the parties.
  

Mediators shall inform parties to a dispute that mediation is most effective when the parties with full authority to settle are in attendance and when they are willing to consider options for settlement.
  

Mediators who are lawyers shall not represent any party(ies) to the mediation.
  

Mediators have an obligation to acquire and maintain professional skills and abilities required to uphold the quality of the mediation process.
   

   
   

Advertising & Solicitation.


   
   

    

Advertising or any other communication with the public concerning services offered or regarding the education, training, and expertise of the mediator should be truthful. Mediators should refrain from promises and guarantees of results.
   

In advertising or offering services to clients or potential clients:
   

Mediators shall provide accurate information about their education, background, mediation training and experience in any representation, biographical or promotional material and in any oral explanation of same.
    

   
   

Fees.


   
   

    

The parties should be provided sufficient information about fees at the outset of a mediation to determine if they wish to retain the services of a mediator. 

   
If a mediator charges fees, the fees should be reasonable in light of the mediation service, the type and complexity of the matter, the expertise of the mediator, the time required, and the rates customary in the community. 

   
A mediator shall not accept mediation before all parties concerned have accepted the principles of his/her remuneration.

   
If the mediation is to be conducted by institutions/service providers, they shall provide parties with the fee structure, likely expenses and any payment retainer requirements, before mediation commences.
   

Mediators/institutions shall not base their fees on the outcome of mediation, whether there is a settlement or what the settlement is.
   

Mediators/institutions may charge a cancellation or a late/delay fee within the mediatorís discretion, provided the mediator advises the parties in advance of this practice and the amount of the fee. 
    

   
   

Obligation to the Mediation Process.


   
   

   

Mediators have an obligation to use their knowledge to help educate the public about mediation.

   
To make mediation accessible to those who want to use it; to correct abuses; and to improve their professional skills and abilities.

   
A mediator should cooperate in establishing and maintaining the quality, qualifications, and standards of the profession.

   

   
   

Agreement to Mediate.


   
   

     

Mediators and mediation institutions shall ensure before the mediation commences that the parties understand the terms of mediation whether or not they are contained in a written agreement/contract to mediate, which terms shall include but not be limited to the following: 

   
 a) Confidentiality of communications and documents.

   
 b) The right of the mediator and parties to terminate or suspend mediation.

   
 c) Fees, expenses, retainer, method of payment and what, if any, fee there is for cancellation, lateness or delay.

  
 d) The fact that the mediator is not compellable as a witness in court proceedings by any parties to the mediation.

    

   
   

Termination & Suspension of Mediation.


   
   

    

Mediators shall withdraw from mediation for the following reasons:

    
1. If mediators become aware of their lack of impartiality, they shall immediately disclose to the parties that they can no longer remain impartial and shall withdraw from the mediation.


2. Mediators who have disclosed a conflict of interest to the parties shall withdraw as mediator, unless the parties consent to retain the mediator.


3. Mediators may suspend or terminate mediation if requested by one or more of the parties.

   
Mediators may suspend or terminate mediation if in their opinion:

    
1. The process is likely to prejudice one or more of the parties.

    
2. One or more of the parties is using the process appropriately.

   
3. One or more of the parties is delaying the process to the detriment of another party or parties.

    
4. The mediation process is detrimental to one or more of the parties or the mediator.

    
5. It appears that a party is not acting in good faith.

    
6. There are other reasons that are or appear to be counterproductive to the process. 

    

   
         
         
         
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