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European Code Of Conduct Mediators
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European Code Of Conduct Mediators

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European Code Of Conduct Mediators Presentation Transcript

  • 1. European Code of Conduct For Mediators (in civil and commercial matters) Ankara Bar Association – ADR Center Introduction to Mediation – February 10th, 2007 Ankara - Turkey Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 2. European Code of Conduct For Mediators Adherance to the European Code of Conduct is without prejudice to national legislation or rules regulating individual professions (for instance: bar regulations) Organizations providing mediation services may develop more detailed codes adapted to their specific context. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 3. European Code of Conduct For Mediators Basics : • professional competence • independence, neutrality and impartiality • mediation process procedure fairness of process end of process fees • confidentiality Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 4. European Code of Conduct For Mediators Professional Competence • knowledgeable in the process of mediation • proper and sufficient basic training • continuous updating • when asked : disclose information concerning background / experience Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 5. European Code of Conduct For Mediators There will be NO TRUST in the process : When the mediator is not sufficiently familiar with the procedure or the techniques When the mediator does not follow his / her procedures From the start QUALITY of the mediators is at least as important as QUANTITY (Netherlands experience) Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 6. European Code of Conduct For Mediators Independence • must not act without having disclosed any circumstances that may (or may be seen to) affect his independence or conflict of interest. • the duty to disclose is a continuing obligation throughout the mediation process. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 7. European Code of Conduct For Mediators Independence – examples • personal business relationship with one of the parties • any financial interest (direct or indirect) with the outcome of the mediation • the mediator (or member of the firm) acts / has acted in any capacity other then mediator for one of the parties • ... Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 8. European Code of Conduct For Mediators In such cases the mediator can only act provided : full disclosure and the parties explicitly consent that he / she is certain to be able to carry out the mediation with full independence and neutrality in order to guarantee full impartiality Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 9. European Code of Conduct For Mediators “The mediator shall at all times act and endeavour to be seen to act with impartiality towards the parties and shall be committed to serve all parties equally with respect to the process of mediation.” mediation.” Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 10. European Code of Conduct For Mediators Mediation Process Make the parties familiar with : • the characteristics of the mediation • the terms and conditions of the mediation agreement • the role of the mediator and the parties • the “incidents”: caucus, consulting lawyer / experts ... • the obligations of confidentiality • the right to “opt out” at any time Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 11. European Code of Conduct For Mediators Mediation Process procedure : conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, imbalances of power between the parties, rule of law, any specific wishes of the parties fairness : ensure that all parties have adequate opportunities to be involved in the process Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 12. European Code of Conduct For Mediators Mediation Process the mediator informs the parties about the consequences of the mediation (final and binding agreement, enforceability ...) and /or the unenforceability or illegality of any agreement the mediator ends the process if he / she believes an agreement will not be reached the mediator ensures that the understanding of the parties is reached through knowing and informed consent, and is adequatly reflected in consent, the agreement Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 13. European Code of Conduct For Mediators Mediation Process fees : the mediator should ensure that the way of remuneration that is applied. He / she shall not accept a mediation before the principles thereof have been accepted by all parties concerned Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 14. European Code of Conduct For Mediators Confidentiality confidential : all information arising out or connected to the mediation, including the fact that a mediation is to take place / taking place, unless compelled by law of public policy grounds. confidential : any information disclosed by one party in confidence to the mediator shall not be disclosed to the other parties without permission or unless compelled by law. Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey
  • 15. European Code of Conduct For Mediators Bener Danışmanlık A.Ş. Yapı Kredi Plaza C Blok Kat:1 34330 Levent – Istanbul Paul Wouters Tel : + 90 (212) 325 02 32 / ext 127 Fax : + 90 (212) 325 10 66 Cell : + 90 (535) 656 23 24 E-mail: paul.wouters@bener.com.tr Paul WOUTERS - Bener Danışmanlık A.Ş. Istanbul - Turkey