- Introduction
This Code of Conduct (‘the Code’) applies to any person who acts as a Mediator under the auspices of the Mediation Centre of the Chamber of Commerce and Industry of the Republic of Moldova (“the Centre), and under the terms of the Centre’s Model Mediation Agreement.
- Competence and availability
The Mediator assures the Parties that he or she:
2.1 is registered on the Ministry of Justice State Register of Mediators and has the necessary competence and knowledge to act as Mediator based on the training and ongoing training prescribed by the Mediation Council
2.3 has sufficient time to prepare properly for and conduct the Mediation expeditiously and efficiently.
- Fees and expenses
The Mediator:
3.1 shall make clear either directly to the Parties or through the Centre the fees and expenses that shall apply to the Mediation before the Mediation starts
3.2 shall not prolong the Mediation unnecessarily where there is, in the Mediator’s opinion, no reasonable likelihood of settlement.
- Independence and neutrality
The Mediator:
4.1 will at all times act and endeavour to be seen to act fairly, independently and with complete impartiality towards the Parties, without any bias in favour of, or discrimination against, any of the Parties
4.2 will ensure that the Parties and their representatives all have adequate opportunities to be involved in the Mediation
4.3 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 Parties and their dispute, and, having done so, will not act or continue to act as Mediator unless the Parties specifically acknowledge such disclosure and agree to the Mediator’s continuing involvement: such matters include but are not limited to:
- personal or business relationship with any of the Parties
- any financial or other interest in the outcome of the Mediation
- having acted (either personally or through the Mediator’s own business) in any capacity other than as a Mediator in another Mediation for any of the Parties
- being in prior possession of any confidential information about any of the Parties or about the subject matter of their dispute (but excluding any confidential information given to the Mediator by one of the Parties in relation to their Dispute)
- any such matters involving a close member of the Mediator’s family.
4.4 will not (nor will any member of the Mediator’s own business or close family) act for any of the Parties individually in relation to their dispute either while acting as the Mediator or at any time thereafter, without the written consent of all the Parties.
- Conduct of the Mediation
The Mediator will observe all the terms of the Centre’s Model Mediation Agreement (especially as regards confidentiality) and will conduct the Mediation consistent with the Centre’s Model Mediation Procedure.
- Professional Indemnity Insurance
The Mediator may take out professional indemnity insurance in a minimum amount determined by the Mediation Council against such risks as may arise in the performance of the Mediator’s duties.
- Withdrawing from any Process
- The Mediator will withdraw from the Mediation if s/he:
- is requested to do so by one of the Parties
- would be in breach of the Code by continuing to act as the Mediator
- is required by one or more of the Parties to act or refrain from acting in a way which would be in breach of the Code or the law.
7.2 The Mediator may withdraw from the Mediation at his or her own discretion and after such consultation with the Parties the Mediator thinks necessary and appropriate (and always subject to the Mediator’s obligations as to confidentiality) if:
- any Party is acting in breach of the Centre’s Model Mediation Agreement
- any Party is acting in an unconscionable or criminal manner
- the Mediator decides that continuing the Mediation is unlikely to result in a settlement
- any Party alleges that the Mediator is in breach of the Code.
- Ongoing training and quality control
8.1 For the first five years after completing initial mediator training (which must be accredited by the Mediation Council), the Mediator shall maintain ongoing training totalling a minimum of 20 hours each year and, thereafter, a minimum of 10 hours each year. The Mediator shall each year submit to the Mediation Council, in a manner and within time limits the Mediation Council prescribes, evidence of ongoing training.
8.2 The Mediator shall address any recurring issues raised in feedback from Parties which the Centre considers, if not addressed, would result in the Mediator being removed from its panel of Mediators.
- Complaints
The Mediator will respond to, and co-operate with, any complaints investigation procedure initiated by a Party through the Mediation Council, including attending any meeting convened by the Mediation Council.