In Brazil, Mediation’s credibility as an effective ADR mechanism, is directly associated to the respect that the Mediators has conquered, through a high-quality technical work, based on strict ethical principles.
Mediation transcends controversy solutions as it attempts to transform an adversarial context in a non-adversarial one. It is a confidential, voluntary and non-binding process, through which each party is encouraged to take responsibility for resolving the dispute, sense in which differs from Negotiation, Conciliation and Arbitration.
The Mediator is a neutral third party who helps the participants involved, by facilitating communication, promoting understanding and assisting them in identifying and exploring issues, interests and possible bases for a consensual-built agreement; always preserving the chamber`s ethical standards.
Since Mediation has its own techniques, its practice requires specific training and knowledge. Therefore, to become a Mediator, one shall qualify and seek improvement, increasing continually its professional abilities. In this sense, shall preserve Mediation by respecting its ethical standards.
When participating in public declarations and promotional activities, the Mediator shall be restricted to matters that clarify and inform the public through easy-understanding messages.
Often, other codes of ethics are applied to Mediators (Attorneys, Therapists, Accountants, among others). MEDIARE applies the guidelines approved by CONIMA – National Council of Mediation and Arbitration Institutions, which adds specific criteria that shall be observed by professionals during Mediation.