European Code of Conduct for Mediators

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This code of conduct sets out a number of principles to which individual mediators

can voluntarily decide to commit, under their own responsibility. It is intended to be

applicable to all kinds of mediation in civil and commercial matters.


European Code of Conduct for Mediators




1.1 Competence


Mediators shall be competent and knowledgeable in the process of mediation.

Relevant factors shall include proper training and continuous updating of their

education and practice in mediation skills, having regard to any relevant standards or

accreditation schemes.


1.2 Appointment


The mediator will confer with the parties regarding suitable dates on which the

mediation may take place. The mediator shall satisfy him/herself as to his/her

background and competence to conduct the mediation before accepting the

appointment and, upon request, disclose information concerning his/her background

and experience to the parties.


1.3 Advertising/promotion of the mediator’s services


Mediators may promote their practice, in a professional, truthful and dignified way.




2.1 Independence and neutrality


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. The duty to disclose is a continuing obligation

throughout the process.

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, or

- the mediator, or a member of his or her firm, having acted in any capacity

  other than mediator for one of the parties.

  In such cases the mediator may only accept or continue the mediation provided that

  he/she is certain of being able to carry out the mediation with full independence and

  neutrality in order to guarantee full impartiality and that the parties explicitly consent.


2.2 Impartiality


The mediator shall at all times act, and endeavour to be seen to act, with impartiality

towards the parties and be committed to serve all parties equally with respect to the

process of mediation.




3.1 Procedure


The mediator shall satisfy himself/herself that the parties to the mediation understand

the characteristics of the mediation process and the role of the mediator and the

parties in it.

The mediator shall in particular ensure that prior to commencement of the mediation

the parties have understood and expressly agreed the terms and conditions of the

mediation agreement including in particular any applicable provisions relating to

obligations of confidentiality on the mediator and on the parties.

The mediation agreement shall, upon request of the parties, be drawn up in writing.

The mediator shall conduct the proceedings in an appropriate manner, taking into

account the circumstances of the case, including possible power imbalances and the

rule of law, any wishes the parties may express and the need for a prompt settlement

of the dispute. The parties shall be free to agree with the mediator, by reference to a

set of rules or otherwise, on the manner in which the mediation is to be conducted.

The mediator, if he/she deems it useful, may hear the parties separately.


3.2 Fairness of the process


The mediator shall ensure that all parties have adequate opportunities to be involved

in the process.

The mediator if appropriate shall inform the parties, and may terminate the mediation,


   - a settlement is being reached that for the mediator appears unenforceable or

      illegal, having regard to the circumstances of the case and the competence of

      the mediator for making such an assessment, or

   -  the mediator considers that continuing the mediation is unlikely to result in a



3.3 The end of the process


The mediator shall take all appropriate measures to ensure that any understanding is

reached by all parties through knowing and informed consent, and that all parties

understand the terms of the agreement.

The parties may withdraw from the mediation at any time without giving any


The mediator may, upon request of the parties and within the limits of his or her

competence, inform the parties as to how they may formalise the agreement and as to

the possibilities for making the agreement enforceable.



3.4 Fees


Where not already provided, the mediator must always supply the parties with

complete information on the mode of remuneration which he intends to apply. He/she

shall not accept a mediation before the principles of his/her remuneration have been

accepted by all parties concerned.




The mediator shall keep confidential all information, arising out of or in connection

with the mediation, including the fact that the mediation is to take place or has taken

place, unless compelled by law or public policy grounds. Any information disclosed

in confidence to mediators by one of the parties shall not be disclosed to the other

parties without permission or unless compelled by law.