Mediation civile et commerciale directive ue

Pages: 5 (1006 mots) Publié le: 5 janvier 2011
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EUROPEAN CODE OF CONDUCT FOR MEDIATORS
This code of conduct sets out a number of principles to which individual mediators may voluntarily decide to commit themselves, under their own responsibility. It may be used by mediators involved in all kinds of mediation in civil and commercial matters. Organisations providing mediation services may also make such a commitment by askingmediators acting under the auspices of their organisation to respect the code of conduct. Organisations may make available information on the measures, such as training, evaluation and monitoring, they are taking to support the respect of the code by individual mediators. For the purposes of the code of conduct, mediation means any structured process, however named or referred to, whereby two ormore parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a third person – hereinafter “the mediator”. Adherence to the code of conduct is without prejudice to national legislation or rules regulating individual professions. Organisations providing mediation services may wish to develop more detailed codesadapted to their specific context or the types of mediation services they offer, as well as to specific areas such as family mediation or consumer mediation.

European Code of Conduct for Mediators

1. 1.1.

COMPETENCE, APPOINTMENT OF THEIR SERVICES Competence

AND

FEES

OF MEDIATORS AND

PROMOTION

Mediators must be competent and knowledgeable in the process of mediation.Relevant factors 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 Mediators must confer with the parties regarding suitable dates on which the mediation may take place. Mediators must verify that they have the appropriate background and competence to conduct mediationin a given case before accepting the appointment. Upon request, they must disclose information concerning their background and experience to the parties. 1.3. Fees Where not already provided, mediators must always supply the parties with complete information as to the mode of remuneration which they intend to apply. They must not agree to act in a mediation before the principles of theirremuneration have been accepted by all parties concerned. 1.4. Promotion of mediators' services Mediators may promote their practice provided that they do so in a professional, truthful and dignified way. 2. 2.1. INDEPENDENCE AND IMPARTIALITY Independence

If there are any circumstances that may, or may be seen to, affect a mediator's independence or give rise to a conflict of interests, the mediator mustdisclose those circumstances to the parties before acting or continuing to act. Such circumstances include: – – – any personal or business relationship with one or more of the parties; any financial or other interest, direct or indirect, in the outcome of the mediation; the mediator, or a member of his firm, having acted in any capacity other than mediator for one or more of the parties.

Insuch cases the mediator may only agree to act or continue to act if he is certain of being able to carry out the mediation in full independence in order to ensure complete impartiality and the parties explicitly consent. The duty to disclose is a continuing obligation throughout the process of mediation. 2.2. Impartiality Mediators must at all times act, and endeavour to be seen to act, withimpartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.

European Code of Conduct for Mediators 3. 3.1. THE MEDIATION AGREEMENT, PROCESS AND SETTLEMENT Procedure

The mediator must ensure 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...
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