15 Jun 2023
A. GENERAL RESPONSIBILITIES
Mediators must act fairly in dealing with mediation participants, have no personal interest in the terms of any settlement agreement, show no bias toward individuals or institutions involved in mediation, be reasonably available as requested by mediating parties, and be certain that the parties are informed about the mediation process in which they are involved.
B. RESPONSIBILITIES TO THE PARTIES
The mediator must maintain impartiality toward all parties. Impartiality means freedom from favouritism or bias either by word or by action, and a commitment to serve all mediation participants as opposed to a single party. The mediator should disclose to the participants any affiliations which the mediator may have or have previously had with any participant and obtain all parties" consent to proceed as mediator.
- Informed Consent
The mediator has an obligation to ensure that all parties understand the nature of the mediation process, procedures to be utilised and the particular role of the mediator. Each party's consent to proceed with mediation should be obtained prior to the beginning of substantive negotiations.
The mediator shall inform mediation participants of the degree to which communications connected with the mediation process shall be confidential, including any special confidentiality which attaches to private meetings (caucuses).
- Suspension or Termination of Mediation
The mediator should inform the mediation participants of their rights to withdraw from mediation at any time and for any reason. If the mediator believes that participants are unable or unwilling to participate effectively in the mediation process, the mediator should suspend or terminate the mediation.
C. DEFINING THE PROCESS
- Comparison to Other Processes
The mediator shall explain that mediation is not arbitration, legal representation, or therapy and that the mediator will not decide any issues for the parties.
- Independent Advice and Information
In mediations in which disputants personally represent their own individual interests and substantial legal issues exist, the mediator shall encourage the participants to obtain individual legal advice as is reasonably necessary for the parties to reach an informed agreement.
- Conflicts of Interest
A mediator shall disclose all actual and potential conflicts of interest reasonably known to the Mediator. After disclosure, the mediator shall decline to mediate unless all parties choose to retain the mediator.
- Opportunity for Full Expression of Interests
The mediator shall seek to provide each mediation participant with a full opportunity to effectively express his or her interests.
The mediator has a duty to define and describe any fees for the mediation and to agree with participants as how fees are to be shared and the manner of payment before proceeding to facilitate substantive negotiations. It is inappropriate for a mediator to charge contingent fees or to base fees upon the outcome of a mediation.
- Additional Representation or Roles
A mediator shall not engage in any non-meditative role relative to the subject matter of a mediated dispute, except by the informed written consent of all mediation participants.
D. RESPONSIBILITIES TO THE MEDIATION PROCESS AND THE PUBLIC
Mediators are regarded as knowledgeable in the process of mediation. They have an obligation to use their knowledge to help educate the public about mediation; to make mediation accessible to those who would like to use it; to correct abuses and to improve their professional skills and abilities.