Mediation Development Toolkit
Ensuring implementation of the CEPEJ Guidelines on mediation
Ad adopted at the 31st plenary meeting of the CEPEJ, Strasbourg, 3-4 December 2018
This tool has been developed in reference to point 1. Availibility of the CEPEJ Guildelines on mediation.
This code of conduct sets out a number of principles to which mediation centers, institutes or other mediation providers may voluntarily decide to commit themselves. It may be used by mediation providers (including all their employees and affiliated persons) that offer mediation services in different fields of disputes such as civil, commercial, family, administrative and penal matters. This code is coherent and may be used in conjuction with the European Code of Conduct for Mediators developed in 2004 under the auspices of the European Union, and with the Council of Europe and the European Commission for the Efficiency of Justice (CEPEJ) reccommendations, guidelines and other instruments on mediation and ADR. Legislators of the Council of Europe Member States may opt to incorporate rules of this code in respective national mediation legal environment as a baseline standard for mediation providers.
With a view to improving the present document, the CEPEJ-GT-MED invites mediation providers which commit to use this document to bring their feedback to the Secretariat of the CEPEJ.
“Mediation Provider” means any public or private entity (including court-related mediation schemes) which manages or administers a mediation process conducted by a third party neutral mediator of whatever denomination or profession, (hereafter “mediator”) who provides service under its auspicies in assisting parties to amicably resolve their dispute.
Mediation providers should take all reasonable steps to ensure an adequate level in the quality and the competence of its services by ensuring that:
Mediation providers should have an up-to-date and user-friendly website and/or other means available in order to provide mediation users with accurate and easy understandable information about:
The mediation provider should not make false, unfair or misleading statements in it communications or marketing about its services and the services of its affiliated mediators.
Mediation providers should ensure that they apply the European Code of Conduct for Mediators as a minimum standard in the provision of mediation services.
Mediation providers shall abide by the rules and procedures concerning their performance and provision of mediation services, as established by domestic laws.
Mediation providers must be independent and unbiased towards all disputants and legal practitioners.
All mediation processes shall be managed in an impartial, neutral and independent manner.
Mediation providers may not offer mediation services mixed with any other professional or commercial activities unrelated to dispute resolution. A mediation provider’s staff, shareholders, stakeholders and affiliated mediators cannot act as attorneys, counsellors, consultants, trainers, or judges in the same dispute or for one of the parties before the end of the dispute or within a reasonable time after it is finished.
Mediation providers shall comply with all other restrictions and procedures in order to safeguard independence and impartiality.
Mediation providers should set in place procedures to detect and eliminate potential conflicts of interest.
Mediation providers should disclose the existence of any facts, interests or relationships which are reasonably likely to affect its impartiality or independence, or which might reasonably create the appearance that the provider is biased against a party or favorable to another, including:
Mediation providers should establish and maintain fair and effective complaints and disciplinary mechanisms to deal with disputes concerning mediators or administrators of mediation processes.
Mediation providers should subscribe primarily to amicable dispute settlement in their own matters through negotiation and mediation.
Taking due note that as a general standard all information associated with the mediation is confidential, mediation providers should take all reasonable steps to protect the level of confidentiality stipulated by the relevant laws and rules and/or agreed by the parties.
 European Code of Conduct for Mediators can be consulted on the internet at http://ec.europa.eu/civiljustice/adr/adr_ec_code_conduct_en.pdf.
 Can be consulted on the internet at https://www.coe.int/en/web/cepej/cepej-work/mediation.