SINGAPORE MEDIATION CENTRE NEUTRAL EVALUATION SERVICE
CODE OF CONDUCT
This Code of Conduct ("this Code") applies to all persons
appointed by the Singapore Mediation Centre (the "Centre") to act
as Evaluators in the neutral evaluation services provided by the
Centre.
1 Acceptance of Assignment
1.1 An Evaluator will, before accepting an assignment, ensure
that he is able to conduct the
neutral evaluation expeditiously and impartially.
2 Impartiality
2.1 An Evaluator will be impartial and fair to the parties, and
be seen to be so. Following
from this, he will disclose to the Centre and, if he is
nevertheless appointed by the
Centre, to the parties any information which may lead to the
impression that he may not
be impartial or fair, including, that:
a he has acted in any capacity for any of the parties;
b he has a financial interest (direct or indirect) in any of the
parties or the outcome
of the neutral evaluation; or
c he has any confidential information about the parties or the
matter which is the
subject of the neutral evaluation derived from sources outside
the neutral
evaluation proceedings.
2.2 If the Centre offers an Evaluator an appointment for which
there is an actual, potential or
apparent conflict of interest between the Evaluator and any of
the parties, the Evaluator
shall highlight this to the Centre.
2.3 An Evaluator shall not accept an appointment if he has
previously acted for any of the
parties in connection with the subject matter of the neutral
evaluation.
2.4 When in doubt, an Evaluator shall refer the matter to the
Centre.
2.5 An Evaluator (or any member of his firm or company) shall
not act for any of the parties
subsequently in any matter related to or arising out of the
subject matter of the neutral
evaluation without the written informed consent of all the
parties.
3 The Neutral Evaluation Procedure
3.1 An Evaluator will act in accordance with the Centre's
Neutral Evaluation Procedure.
4 Confidentiality
4.1 Any document or information supplied for and/or disclosed in
the course of the neutral evaluation will be kept confidential. An
Evaluator will only disclose the same if
required to do so by law, or pursuant to an order of a court, or
with the consent of all the
parties.
4.2 An Evaluator shall not act as a consultant or arbitrator in
any proceedings in relation to the subject matter of the neutral
evaluation.
4.3 Unless all the parties agree, an Evaluator shall not act as
a witness or expert in any
proceedings in relation to the subject matter of the neutral
evaluation.
5 Preparation
5.1 The Evaluator will prepare himself appropriately before the
commencement of the
neutral evaluation.
6 Withdrawal
6.1 An Evaluator shall withdraw from a case:
a when he realises that he has committed a breach of any of the
terms of this Code;
b if there is a request to do so in writing by any of the
parties; or
c when he is required by any of the parties to do anything in
breach of this Code or
the Centre's Neutral Evaluation Procedure.
The Evaluator shall, on the occurrence of a, b, or c above,
immediately inform the
Centre of his withdrawal.
6.2 An Evaluator may, with the concurrence of the Centre,
withdraw from a case if:
a any of the parties breaches the Neutral Evaluation Agreement
or the Centre's
Neutral Evaluation Procedure;
b any of the parties acts unconscionably; or
c the parties allege that he is in breach of this Code.
The Evaluator shall, on the occurrence of a, b, or c above,
consult the Centre on whether
he should continue to act as Evaluator for the case.
7 Fees
7.1 In accepting appointment, the Evaluator expressly agrees to
the remuneration as fixed by the Centre, and he shall not make any
unilateral arrangements with any of the parties for additional
fees.