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Code of practice

VOLUNTARY PROCESS

The mediator's role is to assist the parties to resolve their dispute voluntarily and without coercion.

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  • No party is obliged to enter into any agreement at the mediation.

  • A party may withdraw from the mediation at any time.

IMPARTIALITY

The mediator is not an advocate for any party and will act impartially and in an even-handed manner at all times.

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  • The mediator will only agree to mediate a matter if he or she is able to act in an impartial and even-handed manner.

  • If the mediator determines that he or she is unable to act in an impartial and even-handed manner after commencement of the mediation, the mediator will withdraw from the mediation.

CONFLICTS OF INTEREST

The mediator must not act in a matter which places the mediator in a conflict of interest.

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  • The mediator must disclose all actual and potential conflicts of interest known to the mediator which could reasonably raise, or be seen to raise, a question about the mediator's impartiality prior to being engaged by the parties.

  • The mediator will disclose any direct or indirect financial, personal, business, professional, family or social relationships which the mediator has with any party or its lawyer.

  • The obligation to disclose interests or relationships is a continuing duty which requires the mediator to disclose, at any stage of the mediation, any such interests or relationships which may arise, or which are recalled or discovered.

  • If all parties agree to the mediator continuing to act after being informed of a conflict, the mediator may proceed with the mediation provided that, if the mediator is unable to act in an impartial manner or if, in the mediator's opinion, the conflict of interest casts doubt on the integrity of the process, the mediator will not proceed with mediation.

  • The mediator must avoid the appearance of a conflict of interest both during and after the mediation. Without the consent of all parties, a mediator may not subsequently establish a professional relationship with one of the parties in a related matter, under circumstances which might reasonably raise legitimate questions about the integrity of the mediation process.

COMPETENCE

The mediator will not mediate a matter for which the mediator is not qualified by experience or training.

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  • The mediator will be forthright with the parties to the mediation regarding his or her experience and training.

DISPONIBILITÉ

Le médiateur n’acceptera d’agir en cette qualité dans une affaire que s’il croit qu’il sera en mesure de mener la démarche de médiation d’une manière conforme aux attentes raisonnables des parties quant à la durée du processus et de consacrer les efforts nécessaires pour mener la démarche de médiation de façon diligente.

AVAILABILITY

The mediator will not agree to mediate a matter unless the mediator is able to conduct the mediation in accordance with the parties' reasonable expectations regarding timing and unless the mediator is able to commit the effort required to conduct the mediation diligently.

CONFIDENTIALITY

The mediator must not disclose to any non-participant to the mediation any information received in respect of the mediation except as required by law or with the written consent of all parties to the mediation. The mediator must not disclose to any party to the mediation any information received from a party to the mediation unless authorized by that party.

QUALITY AND FAIRNESS OF THE PROCESS

The mediator will use his or her best efforts to ensure that the mediation is conducted as a high quality and fair process.

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  • The mediator will ensure that all parties understand the nature and purpose of the mediation process, the procedures, the role of the mediator and the relationship of the parties to the mediation.

  • The mediator will promote respect and civility among the parties.

  • The arbitrator will be patient and courteous to the parties and their lawyers.

  • The mediator will take reasonable steps to cause the process to be conducted with procedural fairness and to provide all parties with an opportunity to participate fully in the process.

  • The mediator will act honestly and diligently, in good faith and so as to place the interests of the parties above the mediator's interest.

COMPENSATION

The mediator will charge fees which are reasonable in the circumstances, taking into account the expertise and experience of the mediator and the nature and complexity of the mediation.

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  • The mediator will enter into an agreement with all parties regarding fees prior to commencement of the mediation.

  • The mediator will not agree to be paid a fee which is contingent on the outcome of the mediation.

  • The mediator will not accept a fee for a referral to any other mediator.

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