At Pragmatism (UK) Ltd our employed and associate mediators will operate within our ethos and also under the following code of conduct, which conforms to the European Code of Conduct For Mediators. Should there be any concerns regarding our adherence to this code please refer to our feedback and complaints procedure.
1. Competence, appointment, promotion and fees of Mediators.
1.1. All Mediators appointed by Pragmatism (UK) Ltd will be competent and knowledgeable in the process of mediation. Relevant factors include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.
1.2. Appointment Mediators will confer with the parties regarding suitable dates on which the mediation may take place. Mediators will verify that they have the appropriate background and competence to conduct mediation in a given case before accepting the appointment. Upon request, they will disclose information concerning their background and experience to the parties.
1.3. Pragmatism (UK) Ltd Mediators will always supply the parties with complete information as to the mode of remuneration which will apply. Our Mediators will not agree to act in a mediation before the principles of their remuneration have been accepted by all parties concerned.
1.4. Mediators will only promote mediation services in a professional, truthful and dignified way.
2. Independence and Impartiality.
2.1. If there are any circumstances that may, or may be seen to, affect a Mediator’s independence or give rise to a conflict of interests, the Mediator will disclose those circumstances to the parties before acting or continuing to act. Such circumstances include:–
- any personal or business relationship with one or more of the parties;
– any financial or other interest, direct or indirect, in the outcome of the mediation;
– the Mediator, or any direct colleague or associate, having acted in any capacity other than Mediator for one or more of the parties.
In such cases the Mediator will only agree to act or continue to act if he or she is certain of being able to carry out the mediation in full independence in order to ensure complete impartiality and the parties explicitly consent. The duty to disclose is a continuing obligation throughout the process of mediation.
2.2. Pragmatism (UK) Ltd Mediators will at all times act, and endeavour to be seen to act, with impartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.
3. The Mediation Agreement, Process and Settlement.
- The Mediator will ensure that the parties to the mediation understand the characteristics of the mediation process, and the role of the mediator and the parties in it.
- The Mediator will in particular ensure that prior to commencement of the mediation the parties have understood and expressly agreed the terms and conditions of the mediation agreement including any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.
- The mediation agreement may, upon request of the parties, be drawn up in writing.
- The Mediator must conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible imbalances of power and any wishes the parties may express, the rule of law and the need for a prompt settlement of the dispute.
- The parties may agree with the Mediator on the manner in which the mediation is to be conducted, by reference to a set of rules or otherwise.
- The Mediator may hear the parties separately, if he or she deems it useful.
3.2. Fairness of the process
The Mediator will ensure that all parties have adequate opportunities to be involved in the process.
The Mediator will inform the parties, and may terminate the mediation, if:
– a settlement is being reached that for the Mediator appears unenforceable or illegal, having regard to the circumstances of the case and the competence of the Mediator for making such an assessment, or
– the Mediator considers that continuing the mediation is unlikely to result in a settlement.
3.3. The end of the process
- The Mediator must take all appropriate measures to ensure that any agreement is reached by all parties through knowing and informed consent, and that all parties understand the terms of the agreement.
- The parties may withdraw from the mediation at any time without giving any justification.
- The mediator must, upon request of the parties and within the limits of his or her competence, inform the parties as to how they may formalise the agreement and the possibilities for making the agreement enforceable.
The mediator must 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 grounds of public policy to disclose it. Any information disclosed in confidence to mediators by one of the parties must not be disclosed to the other parties without permission, unless compelled by law.