CIArb calls for code of conduct for mediators at third mediation symposium
CIArb News / 08 November 2010
All mediators should be subject to a code of professional conduct enforced by a disciplinary procedure, but the profession should not be regulated through legislation, according to the Chartered Institute of Arbitrators (CIArb).
The Institute emphasised its position ahead of implementation of the European Mediation Directive 2008/52/EC on 21 May 2011, during a debate on the topic of by delegates of CIArb's Third Annual Mediation Symposium on Wednesday 27 October.
Under the directive, European member states are required to encourage the development of and adherence to voluntary codes of conduct by mediators and organisations providing mediation services.
Tony Marks MCIArb, CIArb's Director of Legal Services, who helped to organise the symposium, said: "This year's symposium explored the topic of how to create confidence in mediators and the process. Despite growing use of mediation, there is still some reluctance and wariness of the process by lawyers. If all mediators were subject to a code of conduct, monitored and enforced by mediation accrediting bodies, it would help to give lawyers confidence in mediators and more certainty in the process, while still allowing mediators the flexibility and diversity which are the hallmarks of mediation practice. It's also essential that rigorous standards of training and professional development are provided by training bodies.
"CIArb's position reflects the consensus of most members and delegates that mediators should not be regulated through legislation but, under the framework set out by the European Union, mediators should effectively be self-regulated by the profession's accrediting bodies. All CIArb members are subject to a professional code of conduct backed up by a robust disciplinary procedure and there is no reason why the whole mediation community cannot have a code of conduct which would set out a benchmark for mediation practice."
Professor Nadja Alexander, Adjunct Professor of Law in Hong Kong, delivering one of two keynote lectures, argued for a regulatory mix governing mediation, and said that the question was not whether or not to regulate, but how different aspects of mediation should best be regulated to support the profession.
Regarding mediation standards, she said: "Even sophisticated users are not always sure as to where to find a good mediator and how to judge the mediator's performance. The mediation community needs to be accountable for the services it provides and set clear benchmarks for the benefit of users."
She said it was important to recognise the rights and obligations of parties in mediation when they leave the mediation process: "We require robust regulation on confidentiality in the process, enforceability of mediation clauses and settlements and mediator liability in order to ensure legal certainty and clarity to users."
CIArb's Third Annual Mediation Symposium was held in association with CMS Cameron McKenna at the firm's London offices.
CIArb's fourth mediation symposium will be held in autumn 2011. To register your interest in advance, please contact Helen Chowaniec E: HChowaniec@ciarb.org T: +44 (0)20 7421 7427