Management
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1. General provisions
1.1. In this Code, the terms are used in the following sense:
Mediation is a procedure for resolving a conflict (dispute) through negotiations between the parties to the conflict (dispute) with the help of one or more mediators. Mediation is based on the principles of voluntary participation; activities of the parties to mediation; self-determination of the mediator and the parties to the mediation; tolerance, friendliness, independence and neutrality of the mediator; confidentiality of information received during mediation and the fact of mediation.
A mediator is a specially trained individual who assists the parties to resolve a conflict (dispute) by organizing and ensuring a structured negotiation process and establishing communication between the parties. The mediator does not make decisions on the content of the conflict (dispute).
1.2. If requested by the parties to the mediation, as reflected in the written agreement on mediation, and if the mediator has the necessary competence, the mediator may conduct mediation, assessing the nature of the conflict (dispute) and advice on how to resolve it. In any case, the mediator in any case does not make any decisions about the conflict (dispute).
1.3. The implementation of the provisions of this Code in the activities of mediators should not contradict the legislation of Ukraine and the requirements of international law, which is part of Ukrainian law.
1.4. Information on the training, education, experience of the mediator is available to the parties and is contained in the Register of Mediators of the International Mediation Center of the KROK Business School.
Information about the mediator is entered into the Register of Mediators after filling in the necessary information about the activities of the mediator and making a payment for maintaining the Register of Mediators.
1.5. The choice of mediator is an inalienable right of the parties to the mediation. The parties have the right to choose 2 (two) mediators for mediation. If, taking into account the circumstances of the case, there is a need to involve an assistant mediator in the mediation process, the requirements of mediation principles apply to the work of the assistant. The status and role of such an assistant shall be agreed by the parties to the mediation in the relevant mediation agreement.
2. Ethical requirements for the mediator
2.1. Independence and neutrality. The mediator must be independent of the influence of third parties on the procedure and outcome of the mediation. The mediator must be a neutral person who is not interested in the content of the dispute.
2.2. Impartiality. The mediator must be impartial in his attitude to the parties, facts, judgments in the conflict (dispute), consciously setting aside his own stereotypes and his own life experience. The mediator has no right to assess the behavior and views of the parties to mediation, except for their explicit violation of legal and / or ethical norms or procedures of mediation.
2.3. Tolerance and friendliness. The mediator must be tolerant, respect the human dignity of the participants in the mediation and show equal attention and kindness to the parties to the mediation.
2.4. Confidentiality. The mediator must follow all the rules of confidentiality. The mediator maintains the confidentiality of all information that arises in connection with Mediation, including the fact that mediation must take place or has taken place, if only in accordance with the law or for reasons of public policy.
2.5. Honesty and sincerity of intentions. The mediator should ensure that the parties are properly informed about the mediation procedure. In every conflict (dispute), the mediator seeks to help its participants to understand each other and to find a mutually acceptable solution to the conflict (dispute) in a peaceful and non-violent way.
2.6. Voluntariness and self-determination of the mediator. A mediator voluntarily participates in mediation in a specific case. The mediator independently determines the areas of his / her specialization in mediation and the form of organization of his / her mediation activity in accordance with the requirements of the legislation. A mediator can provide services in co-mediation (with the participation of several mediators), if required due to the complexity, specifics of the dispute, the plurality or gender composition of the parties, the lack of personal experience of the mediator.
2.7. Training and retraining of a mediator. The mediator should be competent in all matters related to the mediation procedure, which requires the necessary knowledge, skills and abilities, their continuous updating and development.
The mediator must have a master's degree in mediation or at least 90 hours of study and 90 hours of practical work. In addition, the competence of a mediator involves the annual improvement of knowledge and practice of mediation in the amount of 1.5 credits, where 1 credit is equal to 30 hours.
If the mediator was not trained at KROK Business School, the latter undertakes to be tested and demonstrated his / her mediation skills by a commission consisting of two qualified mediators who are officially employed by KROK Business School or who teach mediation at KROK Business School.
2.8. Ethics of relations between mediators. Relations between mediators should be based on the principles of mutual respect, respect for the rights of mediators, and adherence to all the basic principles of mediator ethics provided for in this Code. The mediator must not allow in relation to another mediator:
tactless and derogatory statements, statements that degrade his honor and dignity, damage his business reputation; dissemination of knowingly false information.
3. Ethical principles of mediator's participation in mediation
3.1. Before agreeing to participate in the mediation procedure, the mediator must be convinced of his / her own competence and ability to maintain impartiality.
3.2. The mediator must refuse to participate in the mediation procedure in case of impossibility to maintain impartiality, as well as in case of financial or other interest (direct or indirect) of the mediator in a particular result of mediation.
3.3. If there are circumstances that may affect the mediator's independence, neutrality or impartiality, he should inform the mediation parties and may conduct mediation only with the written consent of all parties to the mediation and if he is confident of maintaining independence, neutrality and impartiality.
3.4. The mediation agreement may be concluded orally or in writing, depending on the requirements of the law.
3.5. The mediator is obliged to inform the parties about the persons who will be involved in mediation (assistants, experts, auditors).
3.6. The mediator is obliged to ensure the conclusion of an agreement on non-disclosure of confidential information between the parties and third parties.
3.7. The mediator is obliged to keep as confidential information all information obtained in the course of mediation or related to it, including the fact that mediation will be conducted or has already taken place, unless law requires other.
3.8. Conflict of interest. The mediator should avoid situations of conflict of interest both during and after mediation. Conflicts of interest do not extend to public communication between the mediator and the parties to mediation in the public (social) space (professional events, trainings, conferences, forums, etc.). The mediator must adhere to professional standards of integrity and ethics when interacting in public (social) space.
3.9. The mediator has the right to advertise and promote his/her services in a professional, truthful and dignified manner. The mediator must be honest in advertising mediation services.
3.10. The mediator should refrain from promises and guarantees regarding the results of mediation.
3.11. The mediator may advise the parties to the mediation on the mediation process.
3.12. The mediator may, upon request, within his / her competence, provide consulting services (pre- / post-mediation consulting).
3.13. The mediator must in each case provide the parties with complete information on the method of remuneration, its amount and terms of payment. The mediator does not agree to conduct mediation until the financial issues of the services provided have been settled. The mediator may not initiate the mediation procedure until all interested parties have agreed on the appropriate amount of remuneration.
4. Liability of the mediator
4.1. A mediator who does not follow the norms of professional ethics a mediator is excluded from the Register of Mediators without compensation for any funds that have already been paid.
4.2. A commission of two qualified mediators, who officially employed at the KROK Business School or who teach mediation training at the KROK Business School, is convened to determine the violation of professional ethics.
4.3. If the mediator does not pay the annual fee at the beginning of the new year by the 10th day of the first month for maintaining the Register of Mediators, the latter is excluded from such Register without the creation of any commissions.
