Code of Ethics and Deontology of Mediation

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In France, the Code of Ethics and Deontology of Mediation -whose acronym is Codeome- has been adopted by professional mediators on June 24, 2006 and updated on October 20, 2007. If you want to contribute on this page, just insert your remarks on the discussion page and specify the point on which you want to react.

Contents

[edit] 1. Preamble

1.1. This Code of Ethics and Deontology results from four years of practice and reflection of professional mediators. Before its adoption, it has been posted online for one year for public discussion.

1.2. It particularly presents the professional duties that professional mediators have committed to respect with their clients, public, environment and other professionals involved in mediation or in conflict prevention and resolution. It represents the cornerstone of their quality services and a framework of reference on Professional Ethics and Deontology.

1.3. It defines the behavioral rules that a professional mediator needs to exert with the ease of someone who is consistent regarding the mediation principles.

1.4. This code is a guide for mediators - which are not exempted from personal reflection. This code keeps developing as it is the instigator of the principle of responsibility and self-discipline. It defines mediator activities, like the facilitation of negotiation, litigations prevention, out or during judicial proceedings. It clarifies the pedagogical aspects of mediator's interventions which deliver the sense of mediation and accompany the parties in decision-making aiming to find a respectful solution with a client or the best satisfactory agreement as possible between the parties facing a difficulty or dispute.

1.5. Anyone wishing to be recognized as a professional mediator must comply with this Code and can use it only if she/he is a member of the Professional Chamber of Mediation and Negotiation.

1.6. Mediation is a space of creativity. Any exemption to this Code must be subject to a preliminary agreement made by the parties which express their will not to comply with it, aware of the implications of their renunciation. This prior agreement is subject to the control of the Supervisory Board of Mediation.

1.7. The Professional Chamber of Mediation and Negotiation urges the professional mediators to respect all ethical and deontological values defined in this code and to make them evolve in the interest of the constant improvement of the quality of mediator's services, adapted to the contexts and realities of individuals and organizations which resort to their services.

1.8. Any situation that would not have been envisaged by this Code must be subject to a reflection of the Supervisory Board of Mediation (see article 6.20.3.).

1.9. The mediator must make the Code available and accessible to all his clients and all parties in conflict that may request his service. Therefore, the public might well ensure that the mediator exercises his activity in complete accordance with the commitments of the profession.

1.10. A quality charter summarizes the fundamentals of this Code.

[edit] 2. Precedence of the Code of Ethics and Deontology of Mediators

2.1. This code involves every professional mediator.

2.2. Mediators who perform another main profession must clearly distinguish their activities of mediation from those attached to their other profession, especially by subscribing to the specific insurance negotiated by the Professional Chamber of Mediation and Negotiation.

2.3. In case of conflict between this present Code of Ethics with another one which binds the mediators, this document takes precedence because of their responsibilities in mediation or other professional activities, and due to the mediator’s adhesion to the Professional Chamber of Mediation and Negotiation. This code especially takes precedence concerning the "duty of advice" of the legal professions.

2.4. The regulated professions must be aware that the mediation exercise can imply some risks. Therefore, mediators must be attentive to the information they provide to the parties as soon as they get involved through their accession to the mediation process (see article 6.17.5). Mediators must as well be attentive to promotional actions they could initiate (see article 6.7.2.).

[edit] 3. Applications

3.1. A professional mediator has testified his skills and qualities to the Professional Chamber, has been trained and holds the Certificate of professional mediator (CAPM®). However, the obtaining of the Certificate of Professional Mediator does not imply the accession to the Professional Chamber of Mediation and Negotiation.

3.2. Holders of the CAPM® are not allowed to exercise this Code and get some benefits from it without being a member of the Professional Chamber.

3.3. No corporation or organization is allowed to use the Code of Ethics and Deontology of the Professional Chamber in order to claim to be a mediator.

[edit] 4. Definitions

[edit] 4.1. Professional Chamber

4.1.1. The term "Professional Chamber" is used in these pages to refer to the Professional Chamber of Mediation and Negotiation gathering mediators who are attentive to quality and performance of their interventions.

[edit] 4.2. Mediator

4.2.1. In this code, the term Mediator means "general professional mediator", skilled in all areas as soon as relational quality can be established, improved or restored. The mediator is an individual who must have all the requirements of skills, abilities and knowledge defined by the Professional Chamber of Mediation and Negotiation. A professional mediator is a generalist trained to the transversal techniques of mediation in view to lead interviews and facilitate meetings aiming the decision-making, especially during conflictual situations. The mediator fully adheres to the statutes of the Professional Chamber, its regulations and this Code of Professional Ethics of Deontology.

4.2.2. A professional mediator, willing to promote ethics and deontology of the mediators, holds a professional business card, personalized and issued by the Professional Chamber. The card is valid for twelve months and can be renewed annually.

4.2.3. The mediator is an expert who has mediation as only bias. He is independent, impartial and neutral and guarantees a confidential process.

4.2.4. The mediator intervenes with the consent of the parties, especially in contexts of disputes related to "civil law" or in other areas involving individuals and organizations. The mediators act as a relational peacemaker and as much as possible for the transfer of quality behaviors and pacificatory communication.

4.2.5. During disputes, the mediator ensures the free consent of the parties and their ability to make decisions.

4.2.6. The action of the mediator helps to establish, restore and promote the relational quality between people. It works in various contexts:

  • A facilitation of a discussion that became difficult, delicate, and even unimaginable between the parties;
  • A pacification and regulation of exchanges or trades;
  • A creative contribution to develop a set of hypothesis of solutions expressed by the parties;
  • Pedagogical supports in view to enable the parties to get their autonomy and responsibility;
  • In appropriate cases, suggestions to the parties to inquire more about technical or legal aspects related with the exposed case.

4.2.7. The mediator, during his exercise, can only act as a mediator. Even if he is entitled and able to assist in terms of creative contributions (proposals, suggestions of ideas, hypothesis of imaginable solution(s)...), he is not allowed to provide advices, and even if he is able or is supposed to do it in the framework of another professional. Thereby he is also not allowed to substitute an expert of any profession.

[edit] 4.3. Mediation

4.3.1. Mediation is a non-authoritarian accompaniment process to decision-making, aiming the responsibility and autonomy of individuals, in case or not of conflictual situation, within or outside legal action.

4.3.2. One mediation interview only may be sufficient to enable an individual to define personal positions in order to decide the most satisfactory solution as possible and lead a project, which one may or not involve other people.

4.3.3. In the context of a dispute, mediation enables the parties to find a negotiated agreement in a contributive way, i.e. a sustainable and durable agreement that respects individuals and their respective interests.

4.3.4. In the context of a dispute, mediation facilitates its resolution and anticipates the consequences of choices that each party can make.

[edit] 4.4. Ethics

4.4.1. Ethics refer to behaviors that a mediator must adopt with the respect of the mediation principles for his attitude in society.

4.4.2. Ethics implies the respect of oneself and others, in terms of dignity and freedom of individuals.

[edit] 4.5. Deontology

4.5.1. Deontology frames the mediator's skills and represents the set of main principles and fundamentals for the conduct of mediators during the exercise of their professional activities towards:

  • Their clients;
  • Their potential clients;
  • Prescribers;
  • Related professions;
  • Their colleagues.

[edit] 5. Ethics

[edit] 5.1. The Values of Mediation

5.1.1. A mediator's behavior must be exemplary. The mediators must have purpose to behave in their personal and social life with a complete coherence with the values of respect for individuals and environment which mediation values.

5.1.2. A mediator is not allowed to claim membership at the Professional Chamber of Mediation and Negotiation in view to participate in the management of an organization, especially to support a candidate during elections.

[edit] 5.2. No indifference on Behalf of Impartiality

5.2.1. In a situation where a person is in danger, a mediator has an ethical duty to intervene considering that everything shall be done with the respect of life and all individuals.

5.2.2. A mediator cannot behave with indifference or treat problems that are exposed to him offhandedly, on behalf of impartiality, detachment or neutrality.

[edit] 5.3. Position of the Mediator

5.3.1. Mediators may possibly intervene within organizations in view to create or improve the progression of the respect for people, especially in relation to:

  • Human Rights, without distinction of age, sex, origin, culture, belief;
  • Respect of environment, irrespective of any interest.

[edit] 5.4. Faced with Discrimination of all kinds

5.4.1. A mediator respects the principle of non-discrimination.

5.4.2. The mediator rejects discriminatory ideas, but does not participate to any accusation of someone who conveys such ideas.

[edit] 5.5. Faced with Arrangements against Mediation Ethics

5.5.1. The mediator conveys a pacificatory and respectful message. As such, the mediator is careful not to assist the development of strategies that might be at the expense of a third party.

5.5.2. In case the intervention of the mediator is a complex mission in this area, he must refer to the Supervisory Board of Mediation before any action and be accompanied by one or more mediators, all of them accredited by the Professional Chamber, in order to lead this action in compliance with the mediation ethics and this present Code.

[edit] 5.6. Faced with Political Conflicts or Humanitarian Action

5.6.1. Upon approval of the Supervisory Board of Mediation, a mediator can act on behalf of the Professional Chamber of Mediation and Negotiation with NGOs as long as it is a matter of facilitating an intervention in conflictual situations.

5.6.2. Positioned outside of any political debate, the mediator is aware that his intervention facilitates the resolution of a conflict or an intervention strictly humanitarian.

5.6.3. A second mediator, appointed by the Board of the Professional Chamber, will be in charge to accompany the intervention. In case of an intervention that would be contrary to the Ethics and Deontology of mediation, the mediator will be allowed to put an end to this intervention after consultation with the Board.

[edit] 5.7. Using Mediation Techniques

5.7.1. A mediator uses his expertise and skills in the field of relational quality within the strict framework of the accompaniment in order to enable people to make decisions in their own interest.

5.7.2. The mediator must abstain from any manipulation, i.e. from using any technical devices enabling him to withdraw any other benefits than the consented remuneration.

[edit] 6. Deontology

[edit] 6.1. Statute of the Mediator

6.1.1. A mediator can practice his professional activity:

  • As the employee of an organization, company, association, NGO, syndicate, trade union, state structure, as long as respect of this present code is guaranteed;
  • As an independent;
  • Alongside another profession, if there is no incompatibility as described below;
  • By using the services of an umbrella company;
  • As a volunteer...

[edit] 6.2. Incompatibilities

6.2.1. The mediator must abstain, whatever the circumstances, to contribute to actions contrary to ethics and deontology of mediation.

6.2.2. The mediator does not belong to any sect, as defined by the Parliamentary Commission.

6.2.3. The mediator is not allowed to have a parallel activity that would be associated with the Professional Chamber and whose purpose would have an esoteric character or involving what is commonly called "occultism", or as well to cooperate or assist quackery activities.

6.2.4. In the exercise of his professional activity of mediation, the mediator must clearly distinguish and absolutely avoid all interactions with his other professional activities. The mediator conforms to the definition described in article 4.2.7.

6.2.5. The mediator is not allowed to lead a mediation process if he may encounter a conflict of personal interest, especially if he is a familiar, an adviser of one of the parties, or if he or one of his associates would have, during the exercise of any other activity which may be or not regulated, to represent one of the involved parties or act against any of them.

6.2.6. In case that the mediator leads a mediation that fails, he is not allowed to act as a judge, arbitrator or even adviser of the case.

6.2.6.1. If one of the parties refuses mediation and therefore the mediation cannot be led, the professional who has proposed to intervene as a mediator remains free for any other intervention.

[edit] 6.3. Relations between Mediators

6.3.1. Mediators have a responsibility to help each other, especially by respecting and not damaging the reputation of another mediator, nor as well of any other person.

6.3.2. Mediators have to respect all involved professionals in mediation, regardless of their status, training, area of exercise and regardless of their membership or not to the Professional Chamber.

6.3.3. A mediator who would have a dispute with one third party claiming the exercise of the mediator activity without being a member of the Professional Chamber, in case of no amicable agreement and before any procedural action, must submit the case to the Board of the Chamber that will decide with the professional mediator what might be the best action to initiate, using firstly the recourse into mediation.

6.3.4. In the case that a mediator cannot pursue a mediation process, he must appeal to another mediator or, as a last resort, to the Supervisory Board of Mediation that will decide what to do regarding the matter in suspense.

6.3.5. A mediator acts in solidarity with another mediator who would be in a temporary disability to practice.

6.3.6. The mediator can provide his pedagogical support to a mediator trainee according to his availabilities. This fraternal support given to the mediator-trainees may be asked directly for reasons of geographical proximity or specialization research. This request can be expressed by any colleague, including the regional delegate of the Professional Chamber.

6.3.7. A mediator must not allow that an intervention, whose ethics and deontology do not comply with the provisions of this Code, was given on his name.

6.3.8. If a mediator is requested to provide an intervention but enter into competition with another mediator, the parties will be the ones to choose the mediator who will accompany them; while the mediator who will not be selected cannot continue to intervene as soon as the parties enter into mediation.

6.3.9. A mediator appeals to another mediator in a fraternal and respectful way by not subcontracting a contract for example. The remuneration of the mediation fees, except for justified fees and real incurred costs, will come to the mediator who has actually performed the provision of service.

6.3.10. A mediator is not allowed to undertake a mediation intervention with parties that would have already initiated a process with another mediator without the prior consent of this first mediator, unless the parties have already paid their financial charges as agreed toward this colleague.

[edit] 6.4. Obligation of Respect of the Clients and Reception

6.4.1. The mediator respectfully behaves towards individuals and does not judge the nature of the dispute and the way it is lived.

6.4.2. The mediator is mindful of the possible states of weakness of the individuals that may resort to his services. Therefore, aware and respectful of the confidence climate established in mediation that contrasts with the conflictual situation in which most of the clients might experience difficulties, the mediator is careful not to create relations of dependency through his accompaniment.

6.4.3. If the mediator does not feel capable or qualified to lead an intervention because of moral considerations, personal circumstances or for any other reason, he must redirect the parties to another mediator, without having to justify himself.

[edit] 6.5. Obligation of Means and Insurance

6.5.1. The obligation of means of a mediator can be defined through his independence, impartiality, neutrality and more specifically through his mastery of professional skills and behaviors. This obligation of means is materialized by his membership to the Professional Chamber and his accession to this code.

6.5.2. The mediator must fully assume his responsibilities during all his interventions and, in order to exercise his professional activity, must possess a professional third-party liability insurance that covers specifically and unambiguous all his mediation activities - see article 2.2.

6.5.2.1. The specific third-party liability insurance of the mediator who practices in compliance with this code concerns the professional indemnity related to the usual activities of the professional who leads mediation.

[edit] 6.6. Requirement of On-going Formation and Perfecting

6.6.1. The mediator keeps abreast of mediation and progress regarding conflict anticipation and dispute resolution.

6.6.2. At least once a year, the mediator attends a professional session of exchange about the exercise of mediator activity or a perfecting session.

6.6.3. The mediators seek to improve their skills, capabilities and behaviors that define the necessary mastery to be able to act as a professional mediator.

[edit] 6.7. Advertising and Information to Public

6.7.1. The mediator is allowed to make advertising of provision of mediation services or that aims to expand mediation, including the integration of mediation clauses within contracts.

6.7.2. In case the mediator would exercise another regulated profession, he is careful not to create confusion with the parallel activity and especially regarding professions whose advertising and marketing practice are strictly regulated.

6.7.3. The mediator is legitimate to propose his services to parties facing a dispute. For this, the mediator can propose his service to one party or simultaneously to both of them, either directly or indirectly.

6.7.4. The mediator must indicate on his communication documents and promotional supports the following: name, address and membership to the Professional Chamber.

6.7.5. The mediator is not allowed to use the graphic logo of the Professional Chamber of Mediation and Negotiation, nor involve the name of the Professional Chamber without the permission of the President or Secretary General.

6.7.6. Any means used by a mediator to communicate must comply with a presentation and content in accordance with this Code.

6.7.7. The mediator is especially careful neither to compare his situation with the one of another professional mediator nor create confusion with any spiritualistic or ideological affiliation, regardless of the method.

6.7.8. In all cases the mediator is careful not to have a communication that promises to reach the results expected by the parties. The mediator highlights his means and skills.

6.7.9. The mediator agrees to respect the recommendations that may be made by the Secretary General. In case of disagreement, the mediator must present in writing or black and white his motivation to the President.

[edit] 6.8. Remuneration of the Mediator

6.8.1. The mediator can freely define his fees.

6.8.2. Before starting a mediation provision, the mediator clearly indicates to the parties all aspects of his financial modalities in writing.

6.8.3. The remuneration of the mediator can be provided either according to the modalities foreseen by the mediation contract, or by a principle of repartition of the mediator's fees if previously agreed by the parties.

6.8.4. As an expert of mediation, the mediator can be included in a mediators list in the tribunals, and therefore be remunerated according to the modalities defined by the magistrates, as far as his professional practice within this context respects all provisions of this code.

6.8.5. If the mediator leads a mediation process within the framework of a contract signed with an organization that bears all the mediation costs, the mediator must indicate it to the other party, without suggesting that this is a free intervention.

6.8.6. In case that a mediator appeals to the service of another mediator, he must do it in accordance with article 6.3.9.

[edit] 6.9. Outcomes of Intervention

6.9.1. The outcome of an intervention led by a mediator may conclude on a deadlock, a progress or on the partial or complete resolution of the dispute.

6.9.2. Since involvement, self-determination, freewill, and motivation and will of the parties are decisive and fundamental factors which will influence the outcome of mediation, the mediator, who may intervene within the framework of a pedagogical accompaniment or a conflict resolution and exercises his activity in compliance with this code, is not constrained to an obligation of result.

[edit] 6.10. Prospective of the Mediation Agreement and Mediation Clause

6.10.1. Following mediation at the request of the parties, the mediator can write down the reached agreements, or if necessary the possible points of agreements regarding the conflict. This written notice is not an official document and is only an aid for developing an official contract.

6.10.2. The mediator makes the parties think about the consequences of their choices, but this accompaniment of the reflection must not aim at making the parties adopt a solution suggested by the mediator.

6.10.3. In no case, the mediator is allowed to affix his signature on a document involving the parties.

6.10.4. The mediator informs the parties that they can submit their agreement to a legal counsel that is favorable to mediation and who will give the necessary form for the registration or certification of the agreement. The mediator must be careful that the legal counsel works in compliance with the general criteria of article 6.11.2.

6.10.4.1. In case the legal counsel considers that the agreement consented by the parties cannot comply with their expectations, for reasons other than public order or morality, the parties are entitled to request the inclusion of a clause that will attest the provided information, relieve the responsibility of the legal counsel and foresee a return into mediation in case of difficulty to respect their defined agreement.

6.10.5. The mediator informs the parties that possible difficulties of the implementation of their agreement can be anticipated, particularly in cases of change in situation or location.

6.10.6. The mediator informs the parties that a mediation clause can be included in their agreement so that instead of initiating a legal proceeding, they can maintain the mediation approach by the recourse into a mediator in view to negotiate other arrangements.

6.10.7. At the request of the parties, the mediator can follow up their agreement, respecting people’s self-determination, especially in the framework of an intermediate agreement through which parties need to proceed step by step to the resolution of their conflict.

[edit] 6.11. Relationships with Related Professionals

6.11.1. The mediator has a duty of information about mediation towards professionals involved in the field of relational quality, prevention and resolution of disputes and conflicts.

6.11.2. If he identifies a possible need, the mediator may recommend to the parties to appeal to qualified professions like the legal experts, specifying professionals favorable to mediation approach, if necessary, in order to enable them to identify issues, interests and possible solutions without animating or reinitiating a confrontational approach.

6.11.3. In this case as in any other, the mediator maintains all the information that has been given to him confidential and leaves the responsibility to the parties themselves to contact the related professionals to certify the resulting agreement.

6.11.4. In case of difficulty during a mediation meeting with a third-party (advisers, experts…) which is accompanying one of the parties, the mediator refers to article 6.18.2.

6.11.5. The mediator must be careful that all partnerships he establishes or all contracts he concludes in the framework of the exercise of his activity do not jeopardize his professional independence.

[edit] 6.12. Report of Mediation, Opinion and Recommendation

6.12.1. The mediator can make a "mediation report" that must comply with the rules of confidentiality.

6.12.2. When the mediator renders an opinion in a situation in which the parties have not reached an agreement or which is prior to the mediation, in order to determine the process (practical aspects, involved people, positioning of the parties at an instant time...), his opinion must not represent an advice or recommendation.

6.12.3. The mediator must recommend and lead a mediation process that respects the Code of Ethics and Deontology to which he must systematically refer.

[edit] 6.13. Duty of Information

6.13.1. Towards the prescribers

6.13.1.1. The mediator can organize interventions of information about mediation and especially about the importance to include mediation clauses within contracts.

6.13.1.2. The mediator can also organize, in the framework of on-going formation, pedagogical activities whose objective is to develop a better understanding of the process and practices of mediation.

6.13.1.3. Economic relations related to the mediator's interventions must be clear about his impartiality and neutrality during the mediation process that he might lead thereafter.

6.13.2. Towards the parties

6.13.2.1. The mediator has a duty of information towards the parties about mediation that determines the quality of the mediation process, especially by respecting article 1.9.

6.13.2.2. Before the beginning of mediation, the mediator must ensure that the parties have understood the mediation process and that they adhere to it.

6.13.2.3. A mediator inquires about the reason that has determined the choice of the parties to initiate a mediation process.

6.13.2.4. The mediator makes sure the parties completely agree that they are the only ones involved in the dispute; if it is not the case, the mediator requests the parties to invite the other concerned people. In case of refusal, the mediator can help the present parties to reach an agreement by themselves while taking into account of the absent third parties.

6.13.2.5. The mediator ensures that present parties have full decision-making regarding the choice of the solution to the dispute.

6.13.2.6. The mediator reminds the mediation purpose - which is to find the best satisfactory agreement as possible for the parties.

6.13.2.7. The mediator clarifies the operation rules that determine the practical aspects of mediation: place, timetable and schedules defined in consultation with the parties and financial modalities (shared or not).

6.13.2.8. The mediator establishes the communication rules - which apply to the attitudes and behaviors of parties during the mediation process.

6.13.2.9. The mediator indicates his role to frame the communication rules and to lead the mediation process.

6.13.2.10. The mediator also defines his role in the framework of a creative and pedagogical accompaniment.

6.13.2.11. The mediator states the principle of confidentiality regarding any proposed agreement and private documents, and makes as well the distinction between "confidence" and "confidentiality", see article 6.9.

6.13.2.12. In case the mediator interrupts a mediation to lead a private interview with one of the parties, he first ensures of the agreement of the parties and specifies the limits of confidentiality regarding the information that could be disclosed.

6.13.2.13. The mediator reminds the parties that they are the ones responsible to approach and contact any qualified council (experts, lawyers...) in view to get the necessary information regarding their exchanges and negotiations.

6.13.2.14. If necessary, the mediator can recommend to the parties to choose a legal counsel favorable to agreements or contracts defined in the framework of a mediation process.

6.13.2.15. The mediator indicates to the parties that they are free to put an end to mediation at anytime.

6.13.2.16. In case of a presence of outside third party (or third parties); the mediator informs and requests the respect of the confidentiality principle as defined in article 6.19.11.

6.13.2.17. If the mediator intervenes in the framework of contract, see article 6.8.5.

6.13.3. The case of absent third parties

6.13.4. Upon the request of the mediator or the parties and in all cases as long as the parties completely agree, the mediator can receive other third parties involved in the issues of the mediation - like trade union representatives of a company in the professional context, the children and/or grandparents and/or relatives (new spouses...) in the context of a separation; in order to set up or restore a communication that aims at the sustainability of the agreement that might be established between the parties directly concerned.

[edit] 6.14. Duty of Independence

6.14.1. The mediator is independent from all authorities, may it be official, cultural, economic, ideological, religious or judicial.

6.14.2. A mediator, concerned of his cultural independence, does not seek the endorsement of the government or any other authority which may be involved in conflicts, or perceived as such.

6.14.3. The mediator does not receive any directive from any authority.

6.14.4. If the mediator is "appointed" by an authority or if the mediation is "ordered", he must in all cases ensure that the parties follow his intervention within the aim of enabling them to find the most satisfactory solution as possible.

[edit] 6.15. Duty of Impartiality

6.15.1. Reception of several parties

6.15.1.1. The mediator is particularly aware and attentive to the natural phenomena of sympathy and antipathy that can be created within human interactions.

6.15.1.2. The mediator is careful not to influence his exchanges with the parties with his own values, beliefs, knowledge, convictions or experiences.

6.15.1.3. If necessary, he can appeal for the help of another mediator, and can even request one of his colleagues to replace him.

6.15.1.4. The mediator must adopt this behavior as soon as he considers that his own values make him reach limitations for the conduct of the mediation process. In no way the mediator bears the consequences of his own limits of acceptance to those involved in mediation.

6.15.1.5. The mediator does not decide by his own initiative to stop the mediation without referring to the Supervisory Board of Mediation, which is the only one entitled to put an end to a mediation process.

6.15.2. Accompaniment of a party

6.15.2.1. In the case of refusal of one of the parties in participate to mediation, the mediator can accompany one and even several other parties involved in mediation in order to help them to bring out the most satisfactory solution as possible.

[edit] 6.16. Duty of Neutrality

6.16.1. Neutrality of the mediator concerns the solution adopted by the parties, may it be a temporary solution or has been declared as final.

6.16.2. The mediator does not influence the parties to make them adopt a solution, even if this solution appears to him the most reasonable and fair one.

6.16.3. The mediator can give his opinion about a situation. In this case, he can write a "mediation report" in which he is extremely vigilant not to quote any person. This report must not be directed toward a specific type of problematic nor exclude some points that could interfere with the situation he was brought to hear, see articles 6.9.1., 6.12.1. and 6.12.2.

[edit] 6.17. Adhesion to the Process and free Consent

6.17.1. The mediator must be sure of the free consent and the ability to decide of the parties.

6.17.2. In the case of a mediation ordered by a judge, the mediator ensures that all parties agree to initiate a mediation process, not by strategy or fear of displeasing the magistrate, but because of a sincere search aiming to find the most satisfactory solution as possible.

6.17.3. The mediator implements his pacificatory skills to enable the parties to consider their respective and potential strategic positioning.

6.17.4. The mediator makes the parties sign an adhesion contract regarding the mediation process, which must be confidential and that should in no way be considered as a contract whose purpose would be to force the parties to reach a mutual agreement.

[edit] 6.17.5. Regulated Professions

6.17.5.1. Lawyers, notaries, accountants and any mediator who performs in parallel a regulated profession, exercising unequivocally and exclusively as a mediator, shall inform the parties that they are discharged from their duties linked to the regulated status of their other profession.

6.17.5.2. This information must be materialized for approval by a specific document signed by the parties. This document mentions the professional third party liability insurance of the mediator, preferably the group insurance subscribed by the Professional Chamber. The document also specifies that in case of dispute regarding the intervention of the mediator, the parties undertake to appeal to the Supervisory Board of Mediation (see article 6.20.3).

[edit] 6.18. Suspension and Interruption of Mediation

6.18.1. Each party can freely interrupt his participation to the mediation without having to justify his motivation.

6.18.2. If the mediator considers the presence of third parties (like advisers) obstructs the progress of the mediation, he can request that the mediation will be pursued only with the concerned parties. In case of refusal of one of the parties, the mediator can refer to the conditions of suspension or interruption above.

6.18.3. If a mediator decides to put an end to the mediation, the reason of his decision remains strictly confidential.

6.18.4. In the case of a mediator requesting the interruption of a mediation process while thereafter the Supervisory Board of Mediation makes the decision to continue the mediation, another mediator is requested by the President of the Professional Chamber to pursue the mediation. In this situation the mediator who has requested the interruption cannot claim any compensation nor be informed about the following consequences of that mediation.

[edit] 6.19. Confidentiality and Confidence

6.19.1. The mediator is held by the strictest confidentiality.

6.19.2. The mediator is bound by professional secrecy, in particular regarding:

  • Documents that may be presented to him and that he won't keep in archive any original or copy in any form; the mediator must return all documents at the request of one of the parties and right after the closing of the case;
  • The words and statements that are held in the contexts of all discussions prior to mediation or during the mediation process;
  • The names of people who had recourse to his services, associated to the dispute.

6.19.3. The mediator informs the parties that he does not have the role of a confessor, and that confidentiality is applied within the strict framework of the mediation process, towards outside parties and not towards the parties involved in mediation.

6.19.4. However, the mediator has to be able to distinguish what concerns privacy that may be expressed during private conversations (the "secret garden") that is out of subject for the dispute resolution; from elements and remarks expressed within the strict framework of the confidence and that may help or even be required to resolve the dispute.

6.19.5. The mediator cannot provide his testimony to any authority about the content or conduct of the mediation, the individual interviews or negotiations he has led, unless that all parties explicitly allow the mediator.

6.19.6. In no case the mediator must consider the comments that have been held in front of him during mediation as certain events.

6.19.7. If the mediator feels shocked because of reported "facts" or if the solution chosen by the parties is contrary to his own values or morality and therefore if the mediator feels unable to pursue the mediation, he must appeal to the Supervisory Board of Mediation which will be the only one to decide what action to take regarding the process in progress.

6.19.8. If the mediator is led to hear things whose reality could threaten life or integrity of others, especially regarding children or persons in position of weakness, he must inform the Supervisory Board of Mediation, with which, urgently and carefully and before any further decision, he will lead a meeting with the involved parties.

6.19.9. In the context of communication about mediation, if he uses examples, the mediator will be careful not to enable the possible identification of the parties.

6.19.10. If the mediator is obliged to appeal to the assistance of another mediator, this second one is also bound by professional secrecy.

6.19.11. Any person attending the mediation, at the request or with the consent of the parties, must commit themselves to this strict confidentiality and cannot act as judge or arbitrator regarding the case followed in the framework of mediation.

6.19.12. The mediator requires the parties to commit themselves to the strictest confidentiality regarding the mediation.

6.19.13. The mediator informs the parties that the choice of mediation commits them to respect a strict confidentiality regarding all verbal exchanges and in no case they are allowed to refer the led mediation in view to present an argument concerning their case to a court.

6.19.14. The documents related to mediation (like the prior approvals, the proposed agreements and any other documents) are framed by the strictest confidentiality.

6.19.15. The documents coming from the parties are not concerned by this confidentiality as soon as they constitute file elements of the case.

6.19.16. The parties must think about the possible communication that could be made about their agreement.

[edit] 6.20. Dispute with a Mediator and Transparency

6.20.1. In all cases of a conflict with a mediator, the Board of the Professional Chamber must be informed in order to initiate a prior response before any further action.

6.20.2. If he is called into question in his professional activity by clients or colleagues, the mediator would have to meet the Supervisory Board of Mediation within a month. In case the mediator would not be present at the meeting and therefore could not be heard within that period, according to the statutes and rules of procedure, the mediator will be considered as resigning from the Professional Chamber and be excluded.

[edit] 7. Supervisory Board of Mediation

Composition 7.1. The Supervisory Board of Mediation is composed by the President, the Secretary General and two members of the Board of the Professional Chamber who are requested by the President. If one of the two members of the Board is involved in the mediation or personally knows one of the parties in conflict, he must retire and must be replaced by another member of the Administrative Board of the Professional Chamber.

Nature of the decisions 7.2. The decisions of the Supervisory Board of Mediation are strictly confidential.

7.3. If a decision would lead to a resignation, relational rupture or even exclusion, the members of the Board are bound by professional secrecy. They must not make any statement about it, regardless of the motive and conduct that the concerned mediator had before, during or after the decision.

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