The Mediator's Code
The Code of Professional Ethics of a Mediator (hereinafter referred to as the Code) is a set of general principles of professional ethics and defines the moral and ethical norms of the activities of mediators of the Republican Public Association "Eurasian Union of Lawyers and Mediators "Rakticos" (hereinafter referred to as the RPA "EULM "Rakticos").
The Code is designed to help strengthen the authority and corporate ethics of a professional mediator, strengthen the trust of citizens in mediators.
Article 1
Mediators who have a document (certificate) confirming the completion of the training program for mediators, who are in the Register of professional mediators of the RPA "EULM "Rakticos", are obliged to comply with this Code.
Article 2
When carrying out their activities, the mediator must have a positive mindset and attitude.
The mediator in his activity is guided by the Code of Ethics and Deontology of Mediators adopted by the General Assembly, international acts ratified by the Republic of Kazakhstan, the Constitution of the Republic of Kazakhstan, the Law "On Mediation", the legislation of the Republic of Kazakhstan, this Code.
Article 3
The mediator's activity is based on the principles of voluntariness, equality of the parties to mediation, independence and impartiality, inadmissibility of interference in the mediation procedure, confidentiality.
Deontology defines the scope of the mediator's activity and competence and is a set of the main principles and basic rules of behavior and attitude of mediators to:
• clients;
• potential customers;
• to advisors;
• representatives of close professions;
• colleagues.
Before starting the procedure, the mediator must inform the parties and other participants about the mediation procedure so that they understand its essence and features, the role of the mediator and their own role in the mediation procedure.
The mediator explains to the parties and other participants of the mediation procedure the nature and meaning of his actions, answers any questions that arise regarding the mediation procedure during its preparation and during its conduct.
The mediator is an expert who does not take sides. He is independent, impartial, neutral and is the guarantor of a confidential process.
A mediator acts as a mediator only within the framework of a conflict, traditionally based on civil law and other areas. He works with individuals and organizations. With the consent of the parties, the mediator acts as an adviser to the peaceful settlement of relations between people, using both his ability to communicate and the know-how of today.
Article 4
One mediation procedure may be enough to resolve a conflict: it can allow a person to decide on the most acceptable way to solve a problem.
Within the framework of a conflict situation, the goal of mediation is to find agreement between the parties through an individual contribution to solving the problem of each of the parties; the agreement reached in this way is lasting and respects the interests of the parties.
The mediator does not have the right to disclose information that became known to him during mediation, if a Mediation Agreement is signed between the parties and the mediator, without the written permission of the mediation parties. The mediator, having received information from one of the parties in the mediation procedure within the framework of a separate (individual) meeting, may inform the other party only with the consent or at the request of the party who provided the information.
In a situation where one of the parties is in danger, the ethical duty of the mediator is to intervene in this situation, based on the highest principle of respect for life and people.
The mediator has no right to be indifferent in the name of the principle of equal treatment of the parties or neutrality.
Article 5
The decision on the results of mediation is made by the parties themselves. This decision is set out in the form of a written agreement of the parties on the settlement of the dispute (conflict) reached by the parties during mediation and signed only by the parties. The mediator does not exert pressure on the parties when making a decision, only approves the agreement of the parties in writing with his signature and personal seal.
Article 6
When conducting mediation, the mediator is independent, does not seek support from the authorities.
A professional mediator is responsible for conducting the mediation procedure, observing the principles of the procedure, ensuring security for the parties.
The mediator does not allow interference in its activities by state bodies, other officials, legal entities, in whatever form it is expressed,
A mediator may not be questioned as a witness about information that became known to him during mediation, except in cases provided for by the laws of the Republic of Kazakhstan.
Article 7
During the mediation procedure, the mediator has the right to remuneration, reimbursement of expenses incurred in connection with the mediation (expenses for travel to the place of dispute resolution, accommodation, meals, etc.), in accordance with the Law of the Republic of Kazakhstan "On Mediation". The amount of remuneration of the mediator (mediators) is determined by agreement of the parties with the mediator (mediators) before the start of mediation.
The mediator does not have the right to manipulate the process, that is, to use any technical technique that allows to extract advantages other than the assigned remuneration.
Article 8
The parties have the right to request the replacement of one mediator by another mediator, while the parties are not exempt from financial obligations towards the mediator who started the mediation process. The mediator who has continued the mediation process begins the mediation procedure from the very beginning. He has the right to remuneration and reimbursement of expenses incurred in connection with the mediation provided for in Article 7 of this Code.
Article 9
The mediator must not allow his name to be used when providing services that would not comply with the provisions of this Code.
If the offer of a mediator's service competes with the offer of another mediator, the parties themselves choose a mediation specialist as their mediator.
A mediator who has not been selected cannot continue to help any of the parties from the moment they enter the mediation process.
A mediator addresses another mediator as a friend. He does not offer him a subcontract. Payment for the provision of services belongs to the mediator who provided the services.
A mediator cannot conduct mediation between parties who have already started the process with another mediator without obtaining the prior consent of the latter, and the parties are not released from their financial obligations towards the mediator who started the mediation process.
Article 10
If there are circumstances that hinder the impartiality of the mediator, he must, without explaining the reasons to the parties, refuse to conduct mediation. In this case, the mediator returns the money paid to him to the parties.
Any of the parties to the conflict (dispute) has the right to terminate their participation in mediation without explaining their motives. A party that has interrupted its participation in mediation is not entitled to demand a refund of the money paid.
A mediator can act as a mediator with the approval of the President of the RPA and on behalf of the RPA both in mediation and negotiations, together with non-governmental humanitarian organizations, to facilitate mediation in conflict situations.
Being neutral in political debates, the mediator ensures that his mediation helps to resolve the conflict or is strictly humanitarian. The President and Vice-President of the RPA delegate a second mediator to participate in such mediation. In case of interference contrary to the ethics and deontology of mediators, this mediator will be able, on the instructions of the President or Vice-President of the RPA, to stop this intervention.
Article 11
The mediator behaves respectfully towards other people. He does not condemn the nature of conflicts and their existence.
The mediator is condescending to the weaknesses of the people who use his services. Understanding and respecting the atmosphere of trust established after the events hard endured by some clients, the mediator should be careful and avoid creating a relationship of dependence through mediation.
If the mediator does not consider himself capable or competent due to moral, personal circumstances or for any other reason, he directs people to another mediator, without any explanation on his part.
Article 12
The mediator must demonstrate respect for different points of view, learn from his fellow mediators and cooperate with the mediators of the RPA "EULM "Rakticos" for professional development, promote the activities of the RPA "EULM "Rakticos" in society, teamwork.
Article 13
Mediators of the RPA "EULM "Rakticos" are obliged to show politeness and correctness in relation to each other, to stop negative emotions and statements addressed to any of the mediators and the entire team of the RPA "EULM "Rakticos". In the presence of strangers, address each other by first name and patronymic.
The appearance of the mediator in the conduct of professional activity should correspond to the status of the mediator.
During the mediation procedure, it is forbidden to approach a working mediator.
It is necessary to respect the confidentiality of negotiations, not to interfere in the activities of other mediators.
Article 14
The mediator needs to constantly improve his knowledge, skills and abilities, in particular, to participate in educational programs of professional retraining, advanced training, training programs (trainings, seminars, courses, etc.).
The mediator should contribute to the training of new professionals in the field of mediation, conduct explanatory work on the advantages and effectiveness of the institute of mediation.
Article 15
In case of violation by the mediator of the requirements of the Law of the Republic of Kazakhstan "On Mediation", the Charter of the RPA "EULM "Rakticos", the Regulations on the branch of the RPA "EULM "Rakticos" and this Code, the mediator's activity is suspended with an indication of this in the Register of the RPA "EULM "Rakticos" for up to 6 months.