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Mediator´s Code of Ethics

Preamble

Mediator´s Code of Ethics (hereinafter referred to only as the “Code”) sets out requirements and expectations related to the professional and ethical conduct of mediators, being one of the most effective ways of alternative conflict resolution. Mediators are professionals who have received technical formation in the field of conflict settlement or resolution. As one registered with the Slovak Republic’s Ministry of Justice, the mission of a mediator is to help, tapping into any legal, lawful any ethical means, with successful completion of the process. The desired outcome of this process is to settle conflicts and disputes, followed by ratification of an out-of-court settlement agreement. 

 

Article I

Relationship between mediator and disputing parties

Mediator is obliged to instruct the disputing parties of the following:

  • voluntary nature of their attendance, 

  • possibility to stop or discontinue the mediation process at any time,

  • the fact that the final outcome rests on the parties’ free will,

  • mediator’s remuneration as agreed with the parties, 

  • role of mediator as being someone who, rather than decides, steers the process leading to an agreement,

  • confidential nature of the whole process.  

 

Article II

Leading out the mediation process

The process of mediation builds on the following principles and rules that the mediator upholds:

  • mediator supervises and leads out all sessions with either both parties present, their legal representatives present, or with each of the parties individually;

  • mediator encourages the parties to voluntarily assume responsibility for the conflict’s resolution or settlement;

  • mediator drafts a mediation agreement unless the parties have set out to do so themselves;

  • mediator is wary as to their own active inputs at any point of the mediation process;

  • mediator maintains impartiality and objectivity, and creates equal conditions for both parties,

  • mediator establishes rapport and creates mutual trust,

  • if the mediator sees each of the parties individually, he or she relays the learned fact to the other party only if so instructed by the affected party, 

  • mediator maintains confidentiality about the facts learned from the parties prior to and in the course of the mediation process, unless the mediator is freed from such obligation by law.

 

Article III

Mutual relationships among mediators

Mediator:

  • does not actively enter into or interfere with a dispute mediated by another mediator,

  • abstains from publicly criticizing the way other mediators manage the mediation process, and from criticizing other mediators’ agreements. 

 

Article IV

Professional obligations of mediator

Mediator:

  • presents himself or herself through a good quality performance of their job, maintaining adequacy in promoting their services and reaching out to new clients, and always making references to the true facts on their person and performance as mediator;

  • makes continuous efforts to educate themselves and improve their mediation skills;

  • should always critically assess their own professional capacity to mediate specific cases, especially if their practical experience or training does not relate to the matter to be mediated,

  • may fully harness and leverage their mediation experience when taking part in various professional groups or associations of mediators that focus on improving the mediators’ performance, their outcomes and publicity among the general public.