MEDIARE adopts the CONIMA Code of Ethics
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 earned by Mediators, through high-quality technical work, based on the strictest ethical principles.
Mediation transcends the resolution of the dispute, being willing to transform an adversarial context into a collaborative one. It is a confidential and voluntary process, where the responsibility for decisions rests with the parties involved. It differs from Negotiation, Conciliation and Arbitration, constituting an alternative to litigation, a means to resolve it.
O Mediator it is an impartial third party that, through a series of specific procedures, helps the parties to identify their conflicts and interests, and to jointly build alternative solutions aiming at consensus and the realization of the agreement. In the performance of its functions, the Mediator must proceed preserving the ethical principles.
The practice of Mediation requires specific knowledge and training, given that it has its own techniques. The Mediator must qualify and improve himself, continually improving his attitudes and professional 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 comply with obligations under other ethical codes (of lawyers, therapists, accountants, among others). O Custom 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 rules are added to this instrument.
Mediation is based on the autonomy of the will of the parties, and the Mediator must focus his work 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 its conduct on the following principles: Impartiality, Credibility, Competence, Confidentiality, and Diligence.
Explanatory note:
Impartiality – fundamental condition for the Mediator; there cannot be any conflict of interest or relationship that could affect your impartiality. It should seek to understand the reality of the mediated, without any prejudice or personal values interfering with its work.
Credibility – the Mediator must build and maintain credibility with the parties, being independent, frank and coherent.
Competence – the ability to effectively mediate the existing dispute. Therefore, the Mediator shall only accept the assignment when it has the necessary qualifications to satisfy the parties' reasonable expectations.
Confidentiality – the facts, situations and proposals that occurred during the Mediation are confidential and privileged. Those who participate in the procedure must obligatorily maintain secrecy on all the content referring to it, and cannot be witnesses of the case, according to legal provision, respecting the principle of autonomy of the parties' will, under the terms agreed by them, provided that it does not go against 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 only accept the assignment 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 appointment, interest or relationship that may affect impartiality, give rise to the 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 bound, accept the appointment, to follow the agreed terms.
The choice of the Mediator presupposes a relationship of very personal trust, only transferable for a just reason and with the express consent of the mediated, and for this purpose it must:
- To 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 course of the Mediation;
- Clarify the fees, costs and payment method;
- Use prudence and veracity, refraining from promises and guarantees regarding the results;
- Dialogue separately with one party only when the other is given knowledge and equal opportunity;
- Clarify the party, at the end of a separate session, which points are confidential and which ones may be known to the other party;
- Ensuring 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 to the parties a legal review of the agreement before signing it.
- Refrain from forcing the acceptance of an agreement and/or making decisions for the parties.
- Observe the restriction of not acting as a professional hired by either party, to address an issue that is related to the mediated matter.
The Mediator must:
- Describe the Mediation Process for the parties;
- Define, with the mediators, all the procedures relevant to the Process;
- Clarify confidentiality;
- Ensure the quality of the Process, using all available techniques capable of successfully achieving the objectives of the Mediation;
- Ensure the confidentiality of procedures, including the care to be taken by the technical team in handling and archiving data;
- Suggest the search and/or participation of specialists as their presence becomes necessary for clarifications 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 may harm any of the mediated or when there is a request from the parties;
- Provide the parties with the Mediation conclusions in writing, when requested by them.
The Mediator must:
- Cooperate for the quality of services provided by the institution or specialized entity;
- Maintain the training, improvement and specialization qualification standards required by the institution or specialized entity;
- Comply with the institutional and ethical norms of the profession;
- Submit to the Code and Ethics Council of the institution or specialized entity, reporting any violation of its rules.