Section 28 in Madhya Pradesh Mediation Rules, 2016
28. Ethics and code of conduct for mediator.
- The Mediator shall follow and observe these Rules strictly and with due diligence.(1)Not indulge in conduct unbecoming of a mediator.(2)Up hold the integrity and fairness of the mediation process.(3)ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the mediation process.(4)While communicating with the parties avoid any impropriety or appearance of impropriety.(5)The mediator must avoid mediating in cases where they have direct personal, professional or financial interest in the outcome of the dispute. If the mediator has any indirect interest, he is bound to disclose to the parties such indirect interest at the earliest opportunity and he shall not meditate in the case unless the parties specifically agree to accept him as mediator, despite such indirect interest.(6)Where the mediator is an advocate, he shall not appear for any of the parties in respect of the dispute which he had mediated.(7)Mediators have a duty to know the limits of their competence and ability in order to avoid taking on assignments which they are not equipped to handle.(8)Mediators have a duty to remain neutral throughout the mediation.(9)Mediators must respect the voluntary nature of mediation and must recognize the rights of the parties to withdraw from the mediation at any stage.(10)Mediation being confidential in nature, a mediator shall be faithful to the confidentiality reposed in him.(11)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. Self determination is the essence of the mediation process.(12)Settlement of dispute roust be based on informed consent.(13)Conduct all proceeding relating tO the resolutiOn of dispute in accordance with the law.(14)Mediator must refrain from promises or guarantee of results.
