Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
CODE OF CONDUCT FOR NMI REGISTERED
Where reference is made in this Code of
Conduct to the term ?Rules', this shall mean the NMI Mediation
Rules. The terms used in this Code of Conduct are in conformity
with those used in the NMI Mediation Rules.
Article 1 -
1. Mediators shall at all times
conduct themselves in a manner that is not prejudicial to
confidence in the NMI and in Mediation as a process for resolving
2. Mediators shall abide by the
Article 2 - Independenceand impartiality
1. Mediators shall not accept an
appointment if they have any direct or indirect personal interest
in the outcome of the Mediation.
2. Mediators shall refrain from
acting in a dispute in which they have previously advised any of
the Parties. The foregoing shall not apply if the Mediator has made
his position clear to all the Parties and the Parties nevertheless
request him to act as Mediator.
3. Mediators have the
responsibility to clearly inform all the Parties of the existence
of any relationship that they or any of their associates or
partners have or have had with any of the Parties.
4. Mediators shall withdraw from
the Mediation if in their opinion the Code of Conduct and/or the
Rules are not or cannot be observed.
5. In the performance of their
duties Mediators shall not be guided by any interests beyond those
relating to the Mediation.
6. Mediators shall act with
complete independence and impartiality. Mediators shall not express
their views on a dispute or any part thereof except upon the
explicit joint request thereto of the Parties.
Article 3 - Mediation
Prior to the commencement of the Mediation
Mediators shall enter into a Mediation Agreement with all the
Parties and explain to them the Mediation process, the contents of
the Mediation Agreement and the Rules.
Article 4 - Mediation
1. Mediators shall conduct the
Mediation with the necessary speed.
2. Mediators shall request the
Parties to provide such information as may be necessary for sound
3. Mediators shall ensure a
balanced handling of the Dispute and shall insofar as possible see
to it that the Parties are given equal opportunity to participate
in the Mediation.
Article 5 -
1. Mediators shall not involve
any third party in the Mediation and shall not disclose any
information to any third party, except with the consent of the
2. Mediators shall impose an
obligation of confidentiality in writing upon any third party they
may involve in or inform concerning the Mediation.
Article 6 - Fees
1. Mediators shall make an
agreement with the Parties concerning their fees and shall record
such agreement in the Mediation Agreement.
2. Mediators shall determine
their fees solely on an hourly basis and irrespective of the
outcome of the Mediation.
3. Mediators shall present a
clearly itemized bill of costs showing the work done and the
relevant fee structure. Mediators shall keep a record of their
activities and produce such record upon request.
4. Mediators may make the
commencement or progress of their work conditional upon the Parties
furnishing security for the payment of their bills of
Article 7 -
1. When taking over a Mediation
from another Mediator Mediators must inform their
predecessors concerning this.
2. If a Mediator is replaced, the
new Mediator shall not commence work until the bills of costs of
his predecessor and any Auxiliary Persons involved up to that time
have been paid in full.
3. Such Mediator may nevertheless
commence work once he has received written permission from the
Board of the NMI.
4. If a Mediator is replaced by
another Mediator, the former shall have the duty, if so requested
by the Parties, to fully inform his successor, with the exception
of information furnished in the course of Separate Talks, unless in
respect of such information it was agreed that it could be
disclosed to the other Party.
Mediators shall be subject to disciplinary
rules in accordance with the Rules of the Foundation "Stichting
Tuchtrechtspraak Mediators" in force in respect of