Code of Conduct for University Mediators

I. OBJECTIVES FOR CODE OF CONDUCT FOR MEDIATORS

The main objectives of this Code of Conduct for mediators are as follows:

(a) to provide guiding principles for mediators' conduct;
(b) to provide a means of protection for the participants in the mediation; and
(c) to promote confidence in mediation as a process for resolving disputes

II. DEFINITIONS

In this Code of Conduct:

"mediation" means a process in which an impartial person, a mediator, helps disputing parties to try to reach a voluntary, mutually acceptable resolution of some or all of the issues of their dispute.

"mediator" means an impartial person whose role in mediation is to assist and encourage parties to a dispute:

to communicate and work toward resolution in good faith;
to identify and convey their interests to one another;
to assess risks;
to consider possible settlement options; and
to resolve voluntarily their dispute.

"impartial" means being and being seen as unbiased toward parties to a dispute, toward their interests and toward the options they present for settlement.

"conflict of interest" means direct or indirect financial or personal interest in the outcome of the dispute or any existing or past financial, business, professional, family or social relationship which is likely to affect impartiality or reasonably create an appearance of partiality or bias.

III. PRINCIPLE OF SELF-DETERMINATION

A.  Self-determination is the right of parties in a mediation to make their own voluntary and non-coerced decisions regarding the possible resolution of any issue in dispute. It is a fundamental principle of mediation which mediators shall respect and encourage.

B.   Mediators shall provide information about their role in the mediation before mediation commences, including the fact that authority for decision-making rests with the parties, not mediators.

C.  Mediators shall not provide legal advice to the parties.

D.  Mediators have the responsibility to advise parties of the need to consult other professionals to help parties make informed decisions.

IV. IMPARTIALITY

A.  Mediators shall serve only in those matters in which they can remain impartial.

B.  Mediators have a duty to remain impartial throughout the course of the mediation process.

C.  If mediators become aware of their lack of impartiality, they shall immediately disclose to the parties that they can no longer remain impartial and shall withdraw from the mediation.

V. CONFLICT OF INTEREST

A.  Mediators have a responsibility to disclose to the parties in dispute any conflict of interest reasonably known to the mediator, as soon as possible.

B.  Mediators who have disclosed a conflict of interest to the parties shall withdraw as mediator, unless the parties consent to retain the mediator.

C.  Mediators or their associates or partners shall not establish a professional or personal relationship with any of the parties in a matter related to the mediation that could give rise to a conflict of interest, without the consent of all parties.

D.  Mediators' commitment is to the parties and the process and they shall not allow pressure or influence from third parties ("persons, service providers, mediation facilities, organizations, or agencies) to compromise the independence of the mediator.

VI. CONFIDENTIALITY

A.  Mediators shall inform the parties of the confidential nature of mediation.

B.  Mediators are not to disclose to anyone who is not a party to the mediation any information or documents that are exchanged for or during the mediation process except:

1. with the mediating parties' written consent;
2. when ordered to do so by a court or otherwise required to do so by law;
3. when the information/documentation discloses criminal activities and/or an actual or potential threat to human life;
4. any report or summary that is required to be prepared by mediators; or
5. when the information/documentation is non-identifiable, (unless all of the parties otherwise authorize identification), and is used for research, statistical, accreditation, or educational purposes and is limited only to what is required to achieve these purposes.

C.  If mediators hold private sessions (breakout meetings, caucuses) with a party, they shall discuss the nature of such sessions with all parties prior to commencing such sessions. Mediators shall not disclose anything that is said or given to him or her in confidence, during private meetings, unless the party authorizes the mediator to do so.

D.  Mediators shall maintain confidentiality in the storage and disposal of mediation notes, records and files.

VII. QUALITY OF THE PROCESS

A.  Mediators shall make reasonable efforts to ensure the parties understand the mediation process before mediation commences.

B.  Mediators have a duty to ensure that they conduct a process which provides parties with the opportunity to participate in the mediation and which encourages respect among the parties.

C.  Mediators shall inform parties to a dispute that mediation is most effective when the parties with authority to settle are in attendance and when they are willing to consider options for settlement.

D.  Mediators who are lawyers shall not represent any party(ies) to the mediation.

E.  Mediators have an obligation to acquire and maintain professional skills and abilities required to uphold the quality of the mediation process.

VIII. AGREEMENT TO MEDIATE

Mediators shall ensure before the mediation commences that the parties understand the terms of mediation whether or not they are contained in an agreement/contract to mediate, which terms shall include but not be limited to the following:

• confidentiality of communications and documents;
• the right of the mediator and parties to terminate or suspend mediation;
• the fact that the mediator is not compellable as a witness in court proceedings by any parties to the mediation.

IX. TERMINATION OR SUSPENSION OF MEDIATION

A.  Mediators shall withdraw from mediation for the reasons referred to in paragraphs IV.3 and V.2.

B.  Mediators may suspend or terminate mediation if requested by one or more of the parties;

C.  Mediators may suspend or terminate mediation if in their opinion:

1. one or more of the parties is using the process inappropriately;
2. one or more of the parties is delaying the process to the detriment of another party or parties;
3. the mediation process is detrimental to one or more of the parties or the mediator:
4. it appears that a party is not acting in good faith; or
5. there are other reasons that are or appear to be counterproductive to the process.

X. OTHER CONDUCT OBLIGATIONS

Nothing in this Code of Conduct replaces, supersedes or alienates ethical standards and codes which may be imposed or additionally imposed upon any mediator by virtue of the mediator's professional calling.