European Code of Conduct for Mediators
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. COMPETENCE AND APPOINTMENT OF MEDIATORS
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
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. INDEPENDENCE AND IMPARTIALITY
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
- 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.
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. THE MEDIATION AGREEMENT, PROCESS, SETTLEMENT AND FEES
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.
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.