Mediators Code of Ethic
The Mediare adopts CONIMA Code of Ethics – National Council of Mediation and Arbitration Institutions.
The credibility of mediation in Brazil as an effective process for dispute settlement, linked directly to the respect to be conquered by the mediators, through a high-quality technical work, based on the strictest ethical principles.
Mediation transcends the settlement of the dispute, offering to turn an adversarial context collaborative. It is a confidential and voluntary process where the responsibility for decisions rests with the parties involved. It differs from negotiation, the Conciliation and Arbitration, constituting an alternative to litigation, a means to solve it.
The Mediator is an impartial third party that through a series of specific procedures helps the parties identify their interests and conflicts, and to build together alternative solutions aimed at consensus and implementation of the agreement. In carrying out its functions, the mediator should proceed preserving ethical principles.
The practice of mediation requires specific knowledge and training, given have their own techniques. The mediator must qualify and refined, continuously improving their attitudes and professional skills. Consequently, you must preserve the ethics and credibility of the Mediation Institute through its conduct.
In public statements and promotional activities, the mediator should be restricted to matters that clarify and inform the public through easily understandable messages.
Often, mediators also meet face obligations to other ethical codes (lawyers, therapists, accountants, etc.). The Code adopted by Mediare add specific criteria to be observed by professionals in the performance of mediation. In the case of professionals linked to institutions or specialized agencies add to these rules to this instrument.
I. Autonomy of the Will of the Parties
Mediation is based on the autonomy of the will of the parties, the mediator should focus its activities on this premise
The voluntary nature of the mediation process allows the parties the power to manage it, to choose different procedures and the freedom to make their own decisions during or at the end of the process..
II. Fundamental principles
The mediator be founded on its conduct on the following principles: impartiality, credibility, competence, confidentiality and diligence
Impartiality – a fundamental condition to the Mediator; there can be no conflict of interest or relationship likely to affect impartiality. Must seek to understand the reality of mediated, without any prejudice or personal values may interfere with your work..
Credibility – the mediator must build and maintain credibility with the parties, being independent, frank and consistent.
Competence – the ability to effectively mediate the controversy. Therefore the mediator should only accept the task when you have the necessary qualifications to meet the reasonable expectations of the parties.
Confidentiality – the facts, situations and proposals that occurred during mediation are confidential and privileged. Those who participate in the procedure must keep the confidentiality of all content pertaining thereto, may not be the case of witnesses, as legal provisions, respecting the principle of autonomy of the will of the parties, under which they agreed, provided they do not conflict with the public order.
Diligence – care and prudence to the observance of regularity, ensuring the quality of the procedure and actively taking care of all their fundamental principles.
III. Mediator forward to your appointment
- Accept the task only if you are imbued with the purpose of acting in accordance with the Fundamental Principles and Ethical Standards established, keeping intact the Mediation Process.
- Disclose, before accepting appointment, interest or relationship that may affect impartiality, raising appearance of bias or breach of independence, so that the parties have elements of evaluation and decision on its continuation.
- Evaluate the applicability or not mediation in the case.
- It will oblige, it accepted the appointment, then the agreed terms..
IV. Mediator front Parties
The choice of mediator assumes very personal trust, only transferable for cause and with the express consent of the mediated, and both should:
- Ensure the parties the opportunity to understand and assess the implications and the unfolding of the process and each item negotiated in the preliminary interviews and in the course of mediation;
- Clarify how the fees, costs and payment;
- Use prudence and truthfulness, refraining from promises and guarantees regarding the results;
- Talk separately with a part only when given the knowledge and equal opportunity to the other;
- Clarifying the part to finalize a separate session, which the sensitive points and that those who may be aware of the other party;
- Ensure that the parties have a voice and legitimacy in the process, thus ensuring the balance of power;
- Ensure that the parties have sufficient information to assess and decide;
- Refrain from forcing the acceptance of an agreement and / or decisions by the parties.
- Eximir-se de forçar a aceitação de um acordo e/ou tomar decisões pelas partes.
- Observe the restriction not to act as a professional hired by either party, to address issues that may correlate with the mediated matter.
V. The Ombudsman against the Process
The Mediator shall:
- Describe the Mediation process for the parties;
- Set with the mediated, all relevant procedures to process;
- Clarify as to confidentiality;
- Ensure the quality of the process, using all available techniques and able to bring to fruition the goals of mediation;
- Ensure the confidentiality of the proceedings, including concerning the care to be taken by the crew in handling and archiving of data;
- Suggest the search and / or the participation of experts to the extent that their presence may be necessary clarifications to maintain equanimity;
- Stop the process forward to any ethical or legal impediment;
- Suspend or terminate mediation where it finds that its continuation would prejudice any of mediated or upon the application of the parties;
- Provide the parties in writing of the outcome of mediation, when requested by them.
VI. Mediator front of the institution or entity Specialized
The Mediator shall:
- Cooperate to the quality of services provided by specialized institution or entity;
- Keep training qualification standards, improvement and specialization required by the specialized institution or entity;
- Abide by the institutional and ethical standards of the profession;
submit to the Code and the Ethics Committee of the institution or specialized entity, communicating any violation of its rules. ____________