Code of Conduct

adribo has committed itself to the “European Code of Conduct for Mediators” and the observance of its general principles and ethical guidelines. We guarantee our clients a fair, confidential and equitable procedure.

European Code of Conduct for Mediators¹

1. Competence and Appointment of mediators

1.1 Competence

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 mediation in a given case before accepting the appointment. Upon request, they must disclose information concerning their background and experience to the parties.

1.3 Promotion of mediators’ services

Mediators may promote their practice provided that they do so in a professional, thruthful and dignified way.

2. Independence and Impartiality

2.1 Independence and objectivity

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 must disclose those circumstances to the parties before acting or continuing to act. The duty to disclose is a continuing obligation throughout the process of mediation.

Such circumstances 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 firm, having acted in any capacity other than mediator for one or more of the parties.

In such 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.

2.2 Impartiality

Mediators must 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 must ensure that the parties to the mediation understand the characteristics of the mediation process and the role the mediator and the parties in it.

The mediator must 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 any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.

The mediation agreement will, upon request of the parties, be drawn up in writing.

The mediator must conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible imbalances of power and any wishes the parties may express, the rule of law and the need for a prompt settlement of the dispute. The parties may agree with the mediator on the manner in which the mediation is to be conducted, by reference to a set of rules or otherwise.

The mediator may hear the parties separately, if he deems it useful.

3.2 Fairness of the process

The mediator ensures that all parties have adequate opportunities to be involved in the process.

The mediator may terminate the mediation and must inform the parties about this fact, if

a settlement is being reached that for the mediator appears unenforceable or illegal or
he considers that continuing the mediation is unlikely to result in a settlement.

3.3 The end of the process

The mediator must take all appropriate measures to ensure that any agreement is reached by all the 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 competence, inform the parties as how they may formalise the agreement and the possibilities for making the agreement enforceable.

3.4 Fees

Where not already provided, the mediator must always supply the parties with complete information as to the mode of remuneration which he intends to apply. He must not agree to act in a mediation procedure before the principles of his remuneration have been accepted by all parties concerned.

4. Confidentiality

The mediator must 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 grounds of public policy to disclose it. Any information disclosed in confidence to the mediator by one of the parties must not be disclosed to the other parties without permission, unless compelled by law