The mediator's code of ethics

Preamble

The mediator's code of ethics (hereinafter the code) lays down the requirements for the professional and moral credit of the mediation executor as one of the most effective alternative of solving conflicts and suits. The mission of the mediator, as professionally trained intermediary for the termination of the suit or conflict, listed in the Register of mediators of the Slovak Ministry of Justice, is to help this process by all means, which are in accordance with the law, morals and good manners. Its result is the resolution of the conflict situation and its confirmation in the form of extrajudicial agreement.

Article 1- The relationship of the mediator to the parties involved in suit

The duty of a mediator before the mediation process is to instruct the parties about:

  • voluntariness of participation
  • an option in any phase to suspend or terminate the mediation,
  • the fact that the final solution lies on the free will of the parties involved,
  • the retributive nature of the mediator’s service, on the basis of the agreement,
  • the role of a mediator, which does not lie in the arbitrating, but in the management of a process, which should reach to the conclusion of the agreement,
  • the confidentiality of the whole process.

Article 2 - Management of the mediation process

The process of mediation is based on the following principles, which the mediator is conforming to:

  • impartially manages the negotiation with the participation of both parties of the suit, or with the involvement of their legal representatives, possibly with each party separately,
  • leads the parties to voluntarily take responsibility for resolution of the suit,
  • draws up a proposal of the mediation agreement, if the parties to the suit did not take this task by themselves,
  • considering its interventions in each stage of the process of mediation,
  • he is impartial and objective, creates equal conditions for both parties,
  • creating a positive atmosphere and a ambience of mutual trust,
  • in the event that he is negotiating with each party separately, he conveys insights gained only after the consent of the concerned party,
  • the mediator keeps the reticence of the facts observed from the suit parties before, during and after the mediation with the exception of the cases when the law deprives him of this reticence.

Article 3 – The mutual relations between the mediators

Mediator:

  • does not enter into the mediated suit and does not interfere with the suit mediated by other mediator,
  • does not express publicly the criticism against the managing of the mediation by other mediator and against the agreements of other mediators.

Article 4 - Obligations of the mediator to the profession

Mediator:

  • is giving a good account of the qualitative execution of his profession and in advertising and getting the clients maintains its adequacy and must be based on true facts about the person and the results of the work of the mediator,
  • is continuously educating and improving the quality of his mediation skills,
  • should consider at every opportunity, whether he is competent to mediate a specific case, where his practical experience, or training is not related to the mediated suit,
  • may his mediation experience fully use as a participant of various professional associations of mediators aimed at improving the work of mediators and the improvement of mediation results, its promotion between the general public.