BMC will be specially concerned about the Compliance of the PRINCIPLES OF THE MEDIATION PROCESS. The following guidelines are applicable to any person wishing to act as mediator
(unless otherwise agreed by the parties):
1. Mediators shall be properly trained and shall maintain and update their education and practice in mediation skills. Mediators shall refuse appointment to a mediation for which they are not qualified.
2. Mediators shall disclose any circumstances that may affect their independence and impartiality or which may give rise to the perception of partiality or lack of neutrality. Mediators shall at all times act, and endeavor to be seen to act, with complete impartiality towards the parties and remain neutral in respect of the dispute. Mediators shall not accept an appointment or continue to act as mediator if they are unable to remain impartial and/or neutral.
3. Mediators shall ensure that prior to commencement of the mediation the parties have understood and expressly agreed:
– The purpose and general procedure of the mediation
– The role of mediators and of the parties
– The obligation of confidentiality on the mediators and on the parties.
4. Mediators shall act diligently independently from the kind and value of the dispute.
5. Mediators shall not coerce the parties.
6. Mediators shall keep confidential all information, arising out of or in connection with the mediation, including the fact that the mediation is to take place or has taken place, unless compelled by law or public policy grounds. Any information disclosed in confidence to mediators by one of the parties shall not be disclosed to the other party without permission or unless compelled by law. Mediators are required to inform the parties of the existence of any circumstances that may influence their independence, impartiality and neutrality, even if it may not in fact influence their fairness towards the parties. The existence of such circumstances does not automatically imply unfitness to act as mediator. Independence means the absence of any objective link (personal or business relationship) between the mediator and one of the parties. Impartiality refers to a subjective attitude of the mediator, who should not favor any one party over another. Neutrality refers to the position of the mediator, who should have no interest in the outcome of the mediation.