CIVIL MEDIATION COUNCIL

CODE OF GOOD PRACTICE FOR MEDIATORS 2009

Introduction

i. This is the Civil Mediation Council (CMC)’s Code of Good Practice for Mediators 2009 ("the Code") which is designed to supplement the CMC Registered Mediator Scheme ("the Scheme"). The Code has been developed in cooperation with the Ministry of Justice, the Department for Business Enterprise and Regulatory Reform, the ADR Committee of the Civil Justice Council, the legal professions, as well as the CMC Board Members.

(ii. The 2009 Code of Good Practice was adopted by the CMC’s EGM on DTBC 2009 and come into force on DTBC 2009.)

iii. The Code will be reviewed annually by the CMC in the light of its research programme, consultation, and feedback. Suggestions for amendments and additions are welcomed from users and practitioners and should be sent to the CMC Secretary (secretary@civilmediation.org).

Code of Good Practice for Mediators

A Mediator who follows Good Practice will:

(1) Accept appointments only when they have sufficient time to prepare for, conduct, and if necessary, follow up the mediation.

(2) Conduct mediations under the principle of party self-determination, by facilitation.

(3) Conduct mediations impartially as between participants and as regards outcome.

(4) Before (and if necessary during) mediation disclose any actual or potential conflicts of interest which could reasonably be seen to affect the mediator’s impartiality.

(5) Explain the process to the participants before the mediation begins including how information disclosed to the mediator in private sessions (caucus) will be treated.

(6) Ensure that all mediations are conducted under a signed Mediation Agreement.

(7) Maintain the confidentiality of all communications made to the mediator by those involved in the mediation process, unless otherwise agreed to by them or required by law, and promote understanding among the participants regarding the extent to which they shall maintain confidentiality of information obtained in mediation.

(8) Ensure that confidentiality is maintained in the storage before mediation and disposal after mediation of mediation records, notes, and files.

(9) Not be influenced by a desire to maintain or increase their personal settlement rate.

(10) Not knowingly misrepresent any facts or matter in the course of mediation.

(11) Have an efficient system of personal practice administration.

(12) Have access to an effective complaints resolution system.

(13) Have effective arrangements for ensuring mentoring and/or peer review and an effective system for obtaining and reviewing feedback.

(14) Be insured to cover errors, omissions, and negligence: the CMC recommends a minimum of £1 million of such insurance or a higher level as appropriate.

(15) Be sensitive to diversity, equality, and anti-discrimination issues.

(16) Follow a published Code of Conduct.

(17) When sufficiently experienced, and where the parties willingly permit, offer opportunities to newly-trained mediators to observe his/her mediations.

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