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In Place of Strife

The Mediation Chambers

In Place of Strife has adopted the European Code of Conduct for Mediators as follows:

1. COMPETENCE AND APPOINTMENT OF 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 them as to his or her background and competence to conduct the mediation before accepting the appointment and, upon request, disclose information concerning his or 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 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 or 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. THE MEDIATION AGREEMENT, PROCESS, SETTLEMENT AND FEES

3.1 Procedure

The mediator shall satisfy him or 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 or she deems it useful, may hear the parties separately.

3.2 Fairness of the process

The mediator shall ensure that all parties have adequate opportunity to be involved in the process.

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

  • a settlement is being reached that to 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 settlement.

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 justification.

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 or she shall not accept a mediation before the principles of his or her remuneration have been accepted by all parties concerned.

4. CONFIDENTIALITY

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.

In addition to the provisions of the European Code of Conduct above, mediators for In Place of Strife, The Mediation Chambers, agree as follows:

5. RELATIONSHIP WITH IN PLACE OF STRIFE, THE MEDIATION CHAMBERS

Mediators shall act as ‘ambassadors’ of In Place of Strife and shall seek to enhance its reputation and influence as a leading mediation organisation.

The relationship of trust between In Place of Strife and its mediators is paramount and mediators shall not use In Place of Strife-originated appointments for self-promotion or in any way which might be detrimental to the interests or reputation of In Place of Strife and its other members and mediators.

6. INSURANCE

Mediators shall warrant that they shall maintain and continue to maintain Professional Indemnity cover up to a minimum limit of £1,000,000 for all work undertaken on In Place of Strife-originated mediation appointments and shall provide evidence of cover when requested by In Place of Strife.

Positive Action on Complaints

We consider ourselves to be amongst the most user-friendly mediation organisations and strive to provide a service second to none.  However, we are determined to use those rare occasions when we fall short to strengthen our relationships with those who use our service:

Download Code of Conduct for Mediators 2016.pdf