Mediation: An Alternative Way of Resolving Disputes Latvia June 2007 Mediation: An Alternative Way of Resolving Disputes

Ground Rules for Mediation Informal, confidential process Clarity of purpose and process Maximsation of openness, flexibility and opportunities for resolution Ability to withdraw from mediation

Terms of Reference Flexibility important Agreement essential The purpose and outline of the process need to be agreed for each mediation

Principles for Working Together Each party agrees to: Work in an optimistic manner Engage in reflective listening Keep confidential all information arising from mediation Confidentiality of union representative, friend or advisor Strive for openness & transparency Take responsibility for how things are said

Principles for Working Together Each party agrees to: Take responsibility for how they respond Acknowledge how the other feels Acknowledge the other’s right to feel the way they do Actively contribute to their future working relationship Have a discussion with the mediator before withdrawing from the mediation

Code of Conduct This code applies to any person who acts as a neutral third party The mediator will at all times act fairly & with complete impartiality without bias or favour Any matter which could be seen as a conflict of interest will be disclosed to the parties. The mediator will not act (or continue to act) unless all agree, in writing, to the mediator

Code of Conduct Information the mediator should disclose includes: having acted for any of the parties the mediator’s firm having acted for any of the parties having any financial or other interest in the subject matter or outcome of the mediation having confidential information about any of the parties or subject matter

Code of Conduct The mediator will keep confidential: the occurrence of the mediation all information (oral or written) including the settlement and its terms.

Code of Conduct The duty of confidentiality will not apply if: all parties consent to disclosure the mediator is required under general law to make disclosure the mediator considers there is risk of harm or safety of the parties the mediator wishes to seek guidance in confidence.

Commitment & Availability the mediator must be satisfied they have time available the mediator will act in accordance with the agreement the mediator wishes to seek guidance in confidence.

Commitment & Availability The mediator will withdraw from the mediation if: they are requested by any of the parties they are in breach of this Code they are required to do something that may breach this Code

Commitment & Availability The mediator may withdraw if: any of the parties is acting in breach of the mediation agreement any of the parties act in an unconscionable or criminal manner the mediator decides that continuation is unlikely to result in a settlement any of the parties alleges the mediator is in breach of this Code