Code of Ethics

Code of Ethics

Code of Ethics for Mediators

Attachment A) to Regulation

Any individual called upon to act as a mediator by the Florence International Mediation Chamber of the Chamber of Commerce shall have the obligation to observe the following rules of conduct:
1. A mediator must be properly trained and commit themselves to staying up to date in developments, in particular in regards to mediation techniques and settlements of conflicts.

2. A mediator shall refuse an appointment if they believe they are not qualified.

3. A mediator commits to observe the International Mediation Rules of the Florence Chamber of Commerce.

4. Before initiating any mediation procedure or before meeting the parties, a mediator must sign a statement of impartiality, independence and neutrality. Furthermore, they shall commit to communicate any circumstance liable to affect their independence and impartiality. A mediator shall always act impartially in respect to the parties and remain neutral in respect of litigation. They shall base their conduct on the principles outlined above. A mediator shall have the obligation to refuse an appointment or interrupt their activities if any element impairing an impartial and/or neutral attitude arises.

5. A mediator must ensure before initiating a mediation meeting that the parties have understood and expressly accepted:

a.  The objectives and nature of the mediation procedure.

b.  The respective roles of the mediator and parties.

c.  The obligation of confidentiality by the mediator, parties and any other participant in the mediation process. A mediator commits to inform the parties of any conflict between the agreement clauses and the requirements of the legal system applied as well as with any international regulations they may identify.

6. A mediator shall perform their role with due diligence, independently from the value and type of claim, number of meetings and remuneration.

7. A mediator shall not put any pressure on the parties.

8. A mediator shall treat as confidential any information arising from mediation or associated with it.

9. Any information provided to the mediator by one of the parties shall not be disclosed to the other parties without consent of the involved party.

10. A mediator may not act as a consultant or as a defense counsel or arbitrator for any party during the continuance of the procedure relative to the dispute in question. Furthermore they may not take on any professional assignment of any nature from the parties for a period of twelve months as of the end of the mediation procedure.

i. Independence means absence of any objective link (personal or professional relations) between a mediator, the parties, their consultants and their family members.
ii. Impartiality means a mediator’s subjective attitude which cannot give preference to a party to the detriment of another party.
iii. Neutrality refers to the mediator’s position, which cannot have a direct interest in the mediation procedure outcome.

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