Code of Conduct

Code of Conduct:

ADM Mediation Services are committed to abide by the European Code of Conduct for Mediators

1. Introduction

This Code of Conduct (‘the Code’) applies to any person who acts as a Mediator in any dispute resolution procedure (‘mediation’) conducted under the auspices of ADM Mediation Services (‘ADM’) in relation to an attempt to resolve a dispute or difference (‘the Dispute’) between all the parties (‘the Parties’) to the Dispute under the terms of a written agreement signed by the Parties, and ADM (the Mediation Agreement’) to seek resolution of the Dispute.

2. Competence and availability

The Mediator assures the Parties that they:

  (a) possess the necessary competence and knowledge about the Process to deal with the Dispute, based on proper training and updating of education and practice in the necessary skills, as required by the regulations of the country of practice;

  (b) have sufficient time to prepare properly for and conduct the Process expeditiously and efficiently;

  (c) do not present their skills or background in all promotional material in any way which is not truthful or professional.

3. Fees and expenses

The Mediator undertakes:

  (a) to make clear either directly to the Parties or through ADM the basis for charging fees and expenses as between ADM and the Parties for the conduct of the Process before the Process starts; and

  (b) not to prolong the Process unnecessarily where there is, in the Mediators opinion, no reasonable likelihood of progress being made towards settlement of the Dispute through the Mediation.

4. Independence and neutrality

The Mediator:

  (a) will at all times act, and endeavour to be seen to act fairly, independently and with complete impartiality towards the Parties in the Mediation, without any bias in favour of, or discrimination against, any of the Parties;

  (b) will ensure that the Parties and their representatives all have adequate opportunities to be involved in the Mediation;

  (c) will disclose to the Parties any matter of which the Mediator is, or at any time becomes, aware which could be regarded as being or creating a conflict of interest (whether apparent, potential or real) in relation to the Dispute or any of the Parties involved in the Mediation, and, having done so, will not act or continue to act as Mediator in relation to the Dispute unless the Parties specifically acknowledge such disclosure and agree to the Mediator continuing to act in the mediation: such matters include but are not limited to:

            (i) Any personal or business relationship with any of the Parties;

            (ii) Any financial or other interest in the outcome of the Mediation;

            (iii) Having acted (either personally or through the Mediators own firm or business) in any capacity other than as a Mediator in another Mediation for any of the Parties;

            (iv) Being in prior possession of any confidential information about any of the Parties or about the subject-matter of the Dispute (but excluding any confidential information given to the Mediator by one of the Parties while acting as Mediator in relation to the Dispute)

            (v) Any such matters involving a close member of the Mediators family.

  (d) Will not (nor will any member of the Mediators own firm or business or close family) act for any of the Parties individually in relation to the Dispute either while acting as Mediator or at any time thereafter, without the written consent of all the Parties.

5. Conduct of the process

  (a) The Mediator will observe all the terms of the Mediation Agreement (especially as regards confidentiality) and will conduct the Process consistent with any relevant ADM Model Procedure.

  (b) The Mediator will ensure that the Parties understand the obligations of the Mediation Agreement, including obligations relating to confidentiality.

  (c) Where there is resolution during the Process, the Mediator will direct the Parties to record any settlement in writing and sign the same and ensure that the signatories acknowledge that by signing they accept and understand the terms of any settlement.

6. Professional indemnity insurance

The mediator will take out professional indemnity insurance in an adequate amount with a responsible insurer against such risks as may arise in the performance of the Mediators duties in relation to the Dispute before acting as a Mediator.

7. Withdrawing from the process

  (a) The Mediator will withdraw from the Process and cease to act as such in relation to the Dispute if the Mediator: -

            (i) Is requested to do so by one of the Parties, except where the Parties have agreed to a procedure involving a binding decision by the Mediator to conclude the Process;

            (ii) Would be in breach of the Code if they continued to act as the Mediator; or

            (iii) Is required by one or more of the Parties to act or refrain from acting in a way which would be in material breach of the Code or in breach of the law.

  (b) The Mediator may withdraw from the Process at their own discretion and after such consultation with the Parties as the Mediator deems necessary and appropriate (and always subject to the Mediators obligations as to confidentiality) if: -

            (i) Any of the Parties is acting in material breach of the Mediation Agreement;

            (ii) Any of the Parties is acting in an unconscionable or criminal manner;

            (iii) The Mediator decides that continuing the Process is unlikely to result in a settlement;

            (iv) Any of the Parties alleges that the Mediator is in material breach of the Code.

8. Complaints

Complaints will be dealt with in accordance with the ADM Complaints Handling Process which is set out in full on the ADM website or by following the link [hyperlink]

The following Terms and Conditions should be read with the in mind, and in case of any conflict the Code of Conduct will prevail.