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Standards for conducting mediation and standards for the conduct of mediators

Mediation is understood to be a voluntary and confidential process in which professionally prepared, independent and impartial neutrals, by agreement of the parties, help them to deal with a conflict. In mediation the parties define the issues to be discussed, lower communication barriers, formulate options for solutions, and if they are willing to, conclude an agreement satisfactory to all parties.


Conducting mediation as an effective tool for dispute resolution greatly depends on the professionalism of mediators and their adherence to high ethical standards.


These Standards are intended to be guidelines and recommendations for mediators and are not intended to be legally binding nor a basis for legal claims. Their main functions are the following:

  1. To serve as a guide for mediators in their practice;
  2. To ensure a secure environment for the parties and mediators:
  3. To Increase the public trust in mediation as a tool for resolving conflicts;
  4. To aid potential mediators in deciding whether or not to become mediators.
O dokumencie
Podmiot udostępniający: Ministerstwo Sprawiedliwości | Wytworzył: Piotr Potrebka | Edytor: Piotr Potrebka
Data wytworzenia: 06.09.2013 | Data dodania: 06.09.2013 14:37 | Data modyfikacji: 06.09.2013 14:37

 

Standard I

A Mediator cares about the voluntary character of participation in mediation and signing of an agreement

 

  1. Mediators shall not coerce parties to mediate or to sign an agreement.
  2. Before mediation begins the parties shall be informed about their ability to withdraw from mediation at any time as well as their right to choose another mediator.
  3. A mediator shall be expressly accepted by the parties.

 

Standard II

A Mediator is neutral toward the subject matter of the conflict.

 

Mediators may not impose any solutions on the parties. A mediator is an advocate of fair procedure, which is a source to enhance a voluntary agreement.

 

Standard III

A Mediator is impartial toward the mediating parties

 

  1. A mediator shall not favor the arguments and positions of any parties. He/she shall conduct mediation so that that the potential or factual imbalance between the parties may not influence the proceedings or the final result.
  2. If a mediator can not be impartial, he/she is obligated to withdraw from the mediation.
  3. Mediators shall refrain from showing bias, partiality, or express any opinion about the parties based on their social background, education, age, sex, or behavior in mediation.
  4. In connection with the conduct of a mediation, a mediator shall not establish relations which may cause doubts about his/her impartiality; particularly a mediator shall not give to the parties or accept from the parties any gifts or benefits, other than the fee due the mediator.
  5. A Mediator shall not undertake a mediation or shall exclude himself/herself  from continuing  a mediation , if he/she decides that a conflict of interest exists with the parties or their representatives on a  professional or personal level.
  6. Mediators shall disclose all relations to the parties of a professional and a personal character and take into account the opinion of the parties in this matter.

 

Standard IV

Mediators shall ensure the confidentiality of mediation

 

  1. Mediation, its conduct and the results are confidential. A mediator may not disclose any information, which he/she acquire during the mediation, with the exception of offences listed in art. 240 of the Penal Code.
  2. Mediators and the mediation centers shall store all documents from mediations in the way which ensures their confidentiality. The documents may include: a written agreement of the parties to mediate, registration of  a mediation case, basic data obtained from the parties (together with their statement to agree for processing the personal data for the purpose of conducting a  mediation proceeding), declaration to observe   confidentiality of mediation by  third parties present during mediation, a copy of the mediation agreement and minutes from mediations  prepared for the court in court – ordered mediation. Other methods of storing documentation require consent of the parties.

 

Standard V

A Mediator shall fully and accurately inform the parties about the character of mediation and the meditation process.

 

  1. Before mediation begins a mediator shall make the parties familiar with the mediation rules, process, goals and possible results of mediation, particularly:
    • Inform the parties that he/she is impartial and neutral;
    • Inform the parties , that  if an  agreement is concluded, the court may test the agreement from the point of view of its legality and compatibility with social norms ( in case this is a court -annexed mediation or the parties submitted a motion for approval of an  agreement by the court)
    • Inform the parties about caucuses,  particularly instruct  the parties  about the confidentiality rule during caucuses;
    • Inform the parties about  the presence  of other inpiduals during mediation and obtain the consent of  the parties for their presence;
    • Describe the role of a mediator, particularly the confidentiality rule;
    • Inform the parties in what circumstances a mediator may interrupt mediation and end  a  mediation proceeding, and inform the parties that they may interrupt and end  mediation at any time.
  2. The parties shall express their consent to participate in mediation.
  3. A mediator shall inform the parties that during the mediation process they may contact and seek an opinion of specialists in certain subject areas.
  4. A  mediator shall clearly differentiate his/her role from other professional roles which he/she may play in other capacities and make sure that the partiesunderstand that difference.

 

Standard VI

A Mediator shall ensure the high level of his/her professional qualifications.

 

A mediator shall continually improve and enhance his/her skills as well as ensure his/her adherence to high ethical standards.

 

Standard VII

A Mediator shall cooperate with other specialists for the benefit of the mediation proceedings.

 

  1. A mediator may advise the parties to consult with specialists in certain fields. Decisions about consultations depend totally on the parties.
  2. During mediation, a mediator may not play  role of any other specialist, even if he/she has knowledge and education in a certain field.
  3. A mediator may not violate the confidentiality of mediation, when cooperating with other specialists.

 

Standard VIII

 

  1. A.    A mediator shall interrupt or end  the mediation process  before an agreement is signed, if he/she decides that at least one of the parties may not participate in mediation or for other  important reasons, such as:
    • A party may not effectively participate in mediation because of his/her physical or mental state, for example being under the influence of alcohol or drugs;
    • if the parties want to sign an  agreement without understanding the effects of the agreement;
    • if the parties use the mediation to obtain dishonest results;
    • if mediators have doubts about their/ impartiality.
  2. The parties in mediation may conclude the agreement as to all negotiated issues, as well as they may conclude the agreement concerning only some  of the negotiated issues. The role of a mediator is to make sure that the parties know how to implement the agreement. In case of a partial agreement, a mediator shall discuss with the parties the available procedures and possibilities to be applied   in resolution of the remaining issues.
  3. Mediation may be interrupted or terminated by a mediator and by the parties. A mediator shall inform the parties that they have a right to withdraw from the procedure at any moment of mediation and for any reason. Interruption  or termination of  the  mediation may take place particularly when:
    • A mediator is sure that agreement between the parties is not possible;
    • The parties have reached, in the opinion of the mediator, an impasse which may not be overcome; a mediator shall not prolong ineffective negotiations, which may cause the parties additional emotional and financial costs;
    • The parties may not participate in mediation, if they are not able to mediate or they do not want to participate in mediation in good faith. If the initiative to stop mediation comes from a mediator he/she shall inform the parties about other professional assistance they may obtain in an inpidual case.

 

Standard IX

A Mediator shall ensure an appropriate place to conduct mediation

 

  1. The place where mediation is conducted shell be neutral and ensure the parties and mediator a secure environment.
  2. The place where mediation is conducted shall consist of at least two separate rooms, which ensure privacy of the parties and confidentiality of the process.   The place shall be equipped with amenities necessary for the comfort of the parties.

Standard X

A Mediator shall inform the parties honestly about his/her services

 

  1. A mediator may promote his/her services in a professional, honest and dignified way.
  2. A mediator may inform about the mediation process, its benefits and costs. Such information shall be honest and complete. A mediator is responsible for complying with this rule by all entities that advertise his/her services or act on his/her behalf.
  3. A mediator may not promise or guarantee to achieve certain results in mediation.
  4. A mediator shall honestly and fairly inform about his/her qualifications, professional affiliations and functions fulfilled in professional organizations. A Mediator may bring to the attention of the parties his/her academic degrees, certificates obtained and other forms of qualification confirmations.
  5. A Mediator shall   strongly consider obtaining insurance for civil liability.

 

O dokumencie
Podmiot udostępniający: Ministerstwo Sprawiedliwości | Wytworzył: Piotr Potrebka | Edytor: Piotr Potrebka
Data wytworzenia: 06.09.2013 | Data dodania: 06.09.2013 14:47 | Data modyfikacji: 06.09.2013 14:47