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

2. 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

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

4. 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

5. 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

6. 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

7. 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

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

9. 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.

10. 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.

11. 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

12. 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