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© CCRS & IDEAS 2001 Creative Conflict Resolution Systems & IDEAS Our
Code of Conduct for mediators and other third party
neutrals Introduction 1 This Code applies to any person who acts as
a neutral third party (‘the Mediator’) in an ADR procedure (such as
mediation or executive tribunal - ‘Mediation’) under the auspices of
Creative Conflict Resolution Systems & IDEAS
(‘CCRS & IDEAS ’). Impartiality and
conflict of interest 2 The Mediator will at all times act, and
endeavour to be seen to act, fairly and with complete impartiality towards the Parties in the
Mediation without any bias in favour of any Party or any discrimination against any Party. 3 Any matter of which the Mediator is aware,
which could be regarded as involving a conflict of interest (whether apparent, potential or actual) in
the Mediation, will be disclosed to the Parties. This disclosure will be made in writing to all
the Parties as soon as the Mediator becomes aware of it, whether the matter occurs prior to or
during the Mediation. In these circumstances the Mediator will not act (or continue to act) in the
Mediation unless all the Parties specifically acknowledge the disclosure and agree, in writing, to the
Mediator acting or continuing to act as Mediator. 4 Information of the type which the Mediator
should disclose includes: · having acted in any capacity for any of the
Parties (other than as Mediator in other ADR procedures); · the Mediator’s firm (if applicable)
having acted in any capacity for any of the Parties; · having any financial or other interest
(whether direct or indirect) in any of the Parties or in the subject matter or outcome of the Mediation;
or · having any confidential information about
any of the Parties or in the subject matter of the
Mediation. 5 The Mediator (and any member of the
Mediator's firm or company) will not act for any of the Parties individually in connection with the dispute
which is the subject of the Mediation while acting as the Mediator or at any time thereafter, without
the written consent of all the other Parties. Confidentiality 6 Subject to paragraph 8 below, the Mediator
will keep confidential and not use for any collateral or ulterior purpose: · the fact that a mediation is to take place
or has taken place; and · all information (whether given orally, in
writing or otherwise) arising out of, or in connection with, the Mediation, including the fact of any
settlement and its terms. 7 Subject to paragraph 8 below, if the
Mediator is given information by any Party which is implicitly confidential or
is expressly stated to be confidential (and which is not already public),
the Mediator shall maintain the confidentiality of that
information from all other Parties, except to the extent that disclosure has been specifically authorised. 8 The duty of confidentiality in paragraphs 6
and 7 above will not apply if, and to the extent that: · all parties consent to disclosure; · the Mediator is required under the general
law to make disclosure; · the Mediator reasonably considers that
there is serious risk of significant harm to the life or safety of any person if the information in
question is not disclosed; or · the Mediator wishes to seek guidance in
confidence from any senior officer of CCRS & IDEAS on any ethical or other serious question arising
out of the Mediation. Commitment and
availability 9 Before accepting an appointment, the
Mediator must be satisfied that he/she has time available to ensure that the Mediation can proceed in an
expeditious manner. Fees 10 CCRS & IDEAS will inform the Parties
before the Mediation begins of the fees and expenses which will be charged
for the Mediation or, if not accurately known at that stage, of the basis
of charging and will not make any additional charges other than in
exceptional circumstances. Parties’
agreement 11 The Mediator will act in accordance with
the agreement (whether written or oral) made between the Parties in relation to the Mediation
(‘the Mediation Agreement’) (except where to do so would cause a Insurance 12 The Mediator will take out professional
indemnity insurance in an adequate amount with a responsible insurer. CCRS
& IDEAS currently have £250,000.00 of professional indemnity
insurance cover. Withdrawal of
Mediator 13 The Mediator will withdraw from the
Mediation if he/she: · is requested to do so by any of the Parties
(unless the Parties have agreed to a procedure involving · is in breach of this Code; or · is required by the Parties to do something,
which would be in material breach of this Code. 14 The Mediator may withdraw form the
Mediation at his/her own discretion if: · any of the Parties is acting in breach of
the Mediation Agreement; · any of the Parties is, in the Mediator’s
opinion, acting in an unconscionable or criminal manner; · the Mediator decides that continuing the
mediation is unlikely to result in a settlement; or · any of the Parties alleges that the
Mediator is in material breach of this code.
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