Code of Conduct for Mediators
1. The Mediation Process
All Mediators appointed by WJM will comply with this Code. They will also comply with the agreement to mediate between parties (“the Agreement to Mediate”).
1.1 The Mediator shall ensure, prior to commencement of mediation, that the parties understand and agree and sign the terms of the Agreement to Mediate, they will ensure that the parties understand their Confidentiality obligations.
1.2 The Mediator shall make sure that the parties know that they may withdraw from mediation at any time without giving any reason.
1.3 The Mediator shall explain to the parties the nature of the mediation process and the role of the Mediator and the parties within it.
1.4 The Mediator shall ensure that they read the parties’ summaries and any supporting documents before the Mediator starts.
1.5 The Mediator shall ensure that parties have sufficient opportunity to become involved in the mediation process. The Mediator may at any time request a meeting with the parties and/or their advisers separately or together.
1.6 The Mediator will take reasonable steps to make sure that the parties understand the terms of any agreement reached by them.
1.7 The Mediator will not decide or give an opinion on any facts or legal issues in the conflict.
1.8 The Mediator will withdraw if the Mediator considers that it is necessary to do so in the Mediator’s own discretion. The Mediator may do so at any time, without giving reasons, if the Mediator considers, in their own discretion :
- That a party has breached the Agreement to mediate.
- That a party has acted in an illegal manner.
- That the Mediation is unlikely to end in agreement.
- That the Mediator must withdraw by law.
The Mediator will, subject to the exception set out below keep confidential and not disclose to any third party for any purpose:
2.1 That a mediation has or may take place between the parties.
2.2 Any information given to the Mediator, whether orally or in writing, at any stage in mediation after any initial referral including that given by parties in confidence.
2.3 The Resolution Agreement (if any) arising out of mediation, unless parties agree to disclose.
2.4 Parties recognise that disclosure may be necessary if the Mediator is required by law to make disclosure or report to an appropriate authority.
2.5 Parties recognise that disclosure may be necessary if the Mediator reasonably considers that there is serious risk of significant harm to the life or safety of any person such a disclosure is not made.
2.6 Parties recognise that disclosure may be necessary if the Mediator requires assistance in confidence from the Law Society of Scotland on any ethical or other serious question arising out of mediation.
2.7 Parties recognise that disclosure may be required if any action is brought by a party against WJM or the Mediator in relation to the mediation.
3. The Mediator
3.1 The Mediator shall be competent and knowledgeable in the process of mediation.
3.2 The Mediator shall have undertaken proper training and shall undertake continuous education and practice in mediation skills.
3.3 The Mediator shall satisfy himself or herself as to his or her competence to conduct mediation before accepting appointment as a mediator and if requested shall disclose information concerning his or her background and experience to the parties.
3.4 The Mediator shall have no interest in the outcome of the conflict and shall at all times act with courtesy, impartiality and fairness.
3.5 In the event of the Mediator becoming aware of a conflict of interest or possible conflict of interest or of any circumstances which may give rise to reasonable doubts about the Mediator’s impartiality or independence, the Mediator shall immediately disclose this to all parties. The Mediator shall continue to act if all the parties to the conflict acknowledge the disclosure and agree to the Mediator continuing to act as Mediator.
3.6 The Mediator will not discriminate unlawfully against any party.
3.7 The Mediator shall not act in any capacity for any of the parties in connection with the conflict which is the subject of mediation. The Mediator will not accept an appointment in relation to any arbitral or judicial proceedings relating to the dispute or difference.
WJM shall agree with the parties, before the commencement of the mediation process, the fees and expenses which will be charged for mediation or, alternatively, the basis on which fees and expenses will be charged.
The Mediator shall take out professional indemnity insurance in an adequate amount with a responsible insurer.
6. Advertising and Solicitation
Advertising and any other communication by WJM with the public concerning mediation services offered or regarding the education, training and expertise of the Mediator shall be honest and professional.