Section 35 in Alternative Dispute Resolution and Mediation Rules, 2017
35. Ethics to be followed by Mediator and Consequences of breach thereof.
(1)The mediator shall follow and observe these Rules strictly and with due diligence;(i)not carry on any activity or conduct which could reasonably be considered as a conduct unbecoming of a mediator.(ii)uphold the integrity and fairness of the mediation process.(iii)ensure that the parties involved in the mediation and fairly informed and have an adequate understanding of the procedural aspects of the mediation process.(iv)satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner.(v)disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias.(vi)avoid, while communicating with the parties, any impropriety or appearance of impropriety.(vii)be faithful to the relationship of trust and confidentiality imposed in the office of mediator.(viii)conduct all proceedings related to the resolutions of a dispute, in accordance with the applicable law.(ix)where the mediator is an advocate, he shall not appear for any of the parties in respect of the dispute which he had mediated.(x)mediators have a duty to remain neutral throughout the mediation.(xi)mediators must respect the voluntary nature of mediation and must recognize the rights of the parties to withdraw from the mediation at any stage.(xii)mediator has a duty to encourage the parties to make their own decisions both individually and collectively about the resolution of the dispute, rather than imposing his own ideas on the parties as self determination is the essence of the mediation process.(xiii)settlement of dispute must be based on informed consent.(xiv)mediator must refrain from promises or guarantee of results.(2)It shall be open to the High Court Mediation Centre to take such action as may be appropriate with the approval of the Board of Governors if the mediator violates any code of conduct expressed in Sub Rule (1) or behaves in a manner not expected of him as a Mediator.
