Code of Conduct for Mediators

The Dean of Faculty, having consulted the Board of the Faculty of Advocates Dispute Resolution Service (the “F.D.R.S.”), and with the approval of the Faculty Council, makes the following Code of Conduct for Members of Faculty appointed to act as mediators in mediations.

  1. A mediator shall recognise that mediation is based on the principle of voluntary participation and that it is the parties, rather than the mediator, who determine the outcome.
  2. A mediator shall remain impartial and independent. If a mediator becomes aware of any reason which may diminish his/her impartiality or independence, he/she shall disclose this to the parties at the earliest opportunity and withdraw from the mediation unless the parties do not wish him/her to do so.
  3. A mediator shall disclose all actual and potential conflicts of interest reasonably known to the mediator whether before or during a mediation and shall withdraw from the mediation unless the parties do not wish him/her to do so.
  4. A mediator shall be responsible for undertaking sufficient training, supervision and continuing professional development to maintain necessary mediation skills. A mediator shall mediate only when she/he believes that he/she has the necessary skills to carry out the mediation.
  5. Confidentiality in mediation is important to encourage all participants to speak truthfully and candidly, and to enable a full exploration of issues in dispute. Unless compelled by law, or with the consent of all the parties, a mediator shall not disclose any of the information given during the mediation process.
  6. A mediator shall ensure that the parties understand:
    • the purpose and procedure of the mediation;
    • the role of the parties and the mediator;
    • any fee arrangement;
    • the obligation of confidentiality.
  7. All participants in the mediation process should always be treated with respect and without discrimination.
  8. A mediator shall provide information about the process for handling any complaint made about their conduct or service, and about any professional indemnity insurance cover they may have. A copy of this Code must be sent to the parties in dispute before a Member of Faculty accepts appointment as mediator.
  9. This Code must be read as a whole and interpreted and followed according to its spirit rather than its letter.