MEDIARE adopts the Code of Ethics of CONIMA - National Council of Mediation and Arbitration Institutions.

The credibility of Mediation in Brazil, as an effective process for resolving disputes, it is directly linked to the respect to be won by Mediators, through a work of high technical quality, based on the strictest ethical principles.

Mediation transcends the solution of controversy, and is willing to transform an adversarial context into a collaborative one. It is a confidential and voluntary process, where the responsibility for decisions lies with the parties involved. It differs from Negotiation, Conciliation and Arbitration, constituting an alternative to litigation, a means to resolve it.

Mediator it is an impartial third party that, through a series of its own procedures, helps the parties to identify their conflicts and interests, and to jointly build alternative solutions aimed at reaching consensus and achieving the agreement. In the performance of his duties, the Mediator must proceed while preserving ethical principles.

The practice of Mediation requires specific knowledge and training, as it has its own techniques. The Mediator must qualify and improve himself, continually improving his professional attitudes and skills. Consequently, it must preserve the ethics and credibility of the Mediation institute through its conduct.

In public statements and promotional activities, the Mediator must restrict himself to matters that clarify and inform the public through messages that are easy to understand.

Often, Mediators also fulfill obligations under other ethical codes (of lawyers, therapists, accountants, among others). O Code adopted by MEDIARE adds specific criteria to be observed by professionals in the performance of Mediation. In the case of professionals linked to specialized institutions or entities, these standards are added to this instrument.

Mediation is based on the autonomy of the parties' will, and the Mediator should focus his performance on this premise.

Explanatory note:

The voluntary nature of the Mediation Process guarantees the parties the power to administer it, to choose different procedures and the freedom to make their own decisions during or at the end of the Process.

The Mediator will base his conduct on the following principles: Impartiality, Credibility, Competence, Confidentiality, and Diligence.

Explanatory note:

Impartiality - a fundamental condition for the Mediator; there can be no conflict of interest or relationship capable of affecting your impartiality. You must seek to understand the reality of the mediated, without any prejudice or personal values ​​interfering in your work.

Credibility - the Mediator must build and maintain credibility with the parties, being independent, frank and consistent.

Competence - the ability to effectively mediate an existing dispute. Therefore, the Mediator should only accept the task when he has the necessary qualifications to satisfy the reasonable expectations of the parties.

Confidentiality - the facts, situations and proposals that occurred during the Mediation are confidential and privileged. Those who participate in the procedure must maintain the confidentiality of all content related to it, and cannot be witnesses of the case, according to the legal provision, respecting the principle of autonomy of the parties' will, under the terms agreed by them, as long as it does not contradict the public order.

Diligence - care and prudence for the observance of regularity, ensuring the quality of the procedure and actively taking care of all its fundamental principles.

  • It will accept the charge only if it is imbued with the purpose of acting in accordance with the established Fundamental Principles and Ethical Norms, keeping the Mediation Process intact.
  • It will reveal, before accepting the indication, interest or relationship that may affect the impartiality, give rise to an appearance of partiality or breach of independence, so that the parties have elements of evaluation and decision on its continuity.
  • It will evaluate the applicability or not of Mediation to the case.
  • You will be obliged, accept the appointment, following the agreed terms.

The choice of the Mediator presupposes a very personal relationship of trust, only transferable for a fair reason and with the express consent of the mediated ones, and for that purpose, it must:

  • Guarantee the parties the opportunity to understand and evaluate the implications and the unfolding of the Process and of each item negotiated in the preliminary interviews and in the Mediation course;
  • Clarify the fees, costs and form of payment;
  • Use prudence and truthfulness, refraining from promises and guarantees regarding the results;
  • Dialogue separately with one party only when knowledge and equal opportunity are given to the other;
  • Clarify the party, at the end of a separate session, which points are confidential and which may be known by the other party;
  • Ensure that the parties have a voice and legitimacy in the Process, thus ensuring a balance of power;
  • Ensure that the parties have sufficient information to evaluate and decide;
  • Recommend the parties a legal review of the agreement before signing it.
  • Refrain from forcing acceptance of an agreement and / or making decisions by the parties.
  • Observe the restriction of not acting as a professional hired by any of the parties, to address an issue that has a correlation with the mediated matter.

The Mediator shall:

  • Describe the Mediation Process for the parties;
  • Define, with the mediators, all procedures relevant to the Process;
  • Clarify as to confidentiality;
  • Ensure the quality of the Process, using all available techniques and capable of carrying out the objectives of the Mediation;
  • Ensure the confidentiality of procedures, including with regard to the care to be taken by the technical team in handling and archiving the data;
  • Suggest the search and / or participation of specialists as their presence is necessary for clarification to maintain equanimity;
  • Interrupt the Process in the face of any ethical or legal impediment;
  • Suspend or terminate the Mediation when it concludes that its continuation could harm any of the mediated parties or when there is a request from the parties;
  • Provide the parties, in writing, with the conclusions of the Mediation, when requested by them.

The Mediator shall:

  • Cooperate for the quality of the services provided by the institution or specialized entity;
  • Maintain the qualification standards for training, improvement and specialization required by the institution or specialized entity;
  • Comply with the institutional and ethical standards of the profession;
  • Submit to the Code and the Ethics Council of the specialized institution or entity, reporting any violation of its rules.