(falls Sie auf diese Seite direkt durch einen link
einer Suchmaschine gekommen sein sollten),
dies ist eine Ergänzung
- zu Fachveröffentlichungen (zum Gütestelle nach §794
ZPO, Mediation, außergerichtliche Streitschlichtung), die
Sie ungekürzt unter Veröffentlichungen
lesen bzw.herunter laden können,
- sowie zu Informationen, die unter Wissenswertes
der Verfasser lädt Sie zum stöbern ein und freut sich
- European code of conduct on mediation
CODE OF CONDUCT FOR MEDIATORS
code of conduct sets out a number of principles to which individual
mediators can voluntarily decide to commit, under their own responsibility.
It is intended to be applicable to all kinds of mediation in civil
and commercial matters.
providing mediation services can also make such a commitment,
by asking mediators acting under the auspices of their organisation
to respect the code. Organisations have the opportunity to make
available information on the measures they are taking to support
the respect of the code by individual mediators through, for example,
training, evaluation and monitoring.
the purposes of the code mediation is defined as any process where
two or more parties agree to the appointment of a third-party
- hereinafter "the mediator" - to help the parties to
solve a dispute by reaching an agreement without adjudication
and regardless of how that process may be called or commonly referred
to in each Member State.
to the code is without prejudice to national legislation or rules
regulating individual professions.
providing mediation services may wish to develop more detailed
codes adapted to their specific context or the types of mediation
services they offer, as well as with regard to specific areas
such as family mediation or consumer mediation.
COMPETENCE AND APPOINTMENT OF MEDIATORS
shall be competent and knowledgeable in the process of mediation.
Relevant factors shall include proper training and continuous
updating of their education and practice in mediation skills,
having regard to any relevant standards or accreditation schemes.
mediator will confer with the parties regarding suitable dates
on which the mediation may take place. The mediator shall satisfy
him/herself as to his/her background and competence to conduct
the mediation before accepting the appointment and, upon request,
disclose information concerning his/her background and experience
to the parties.
Advertising/promotion of the mediator's services
may promote their practice, in a professional, truthful and dignified
INDEPENDENCE AND IMPARTIALITY
Independence and neutrality
mediator must not act, or, having started to do so, continue to
act, before having disclosed any circumstances that may, or may
be seen to, affect his or her independence or conflict of interests.
The duty to disclose is a continuing obligation throughout the
circumstances shall include
any personal or business relationship with one of the parties,
any financial or other interest, direct or indirect, in the outcome
the mediator, or a member of his or her firm, having acted in
any capacity other than mediator for one of the parties.
such cases the mediator may only accept or continue the mediation
provided that he/she is certain of being able to carry out the
mediation with full independence and neutrality in order to guarantee
full impartiality and that the parties explicitly consent.
mediator shall 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.
THE MEDIATION AGREEMENT, PROCESS, SETTLEMENT AND FEES
mediator shall satisfy himself/herself that the parties to the
mediation understand the characteristics of the mediation process
and the role of the mediator and the parties in it.
mediator shall 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
in particular any applicable provisions relating to obligations
of confidentiality on the mediator and on the parties.
mediation agreement shall, upon request of the parties, be drawn
up in writing.
mediator shall conduct the proceedings in an appropriate manner,
taking into account the circumstances of the case, including possible
power imbalances and the rule of law, any wishes the parties may
express and the need for a prompt settlement of the dispute. The
parties shall be free to agree with the mediator, by reference
to a set of rules or otherwise, on the manner in which the mediation
is to be conducted.
mediator, if he/she deems it useful, may hear the parties separately.
Fairness of the process
mediator shall ensure that all parties have adequate opportunities
to be involved in the process.
mediator if appropriate shall 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,
the mediator considers that continuing the mediation is unlikely
to result in a settlement.
The end of the process
mediator shall take all appropriate measures to ensure that any
understanding is reached by all parties through knowing and informed
consent, and that all parties understand the terms of the agreement.
parties may withdraw from the mediation at any time without gIvmg
mediator may, 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 as to the possibilities for making
the agreement enforceable.
not already provided, the mediator must always supply the parties
with complete information on the mode of remuneration which he
intends to apply. He/she shall not accept a mediation before the
principles of his/her remuneration have been accepted by all parties
mediator shall 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 public policy grounds. Any information disclosed in
confidence to mediators by one of the parties shall not be disclosed
to the other parties without permission or unless compelled by
Europäische Gemeinschaften, 1995-2006