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State of Rajasthan - Section

Section 26 in The Alternative Disputes Resolution Rules, 2004 and the Mediation Rules

26. Ethics to be followed by mediator. - The mediator shall-

(1)follow and observe these Rules strictly and with due diligence;
(2)not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a mediator;
(3)uphold the integrity and fairness of the mediation process;
(4)ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the process;
(5)satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner;
(6)disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias;
(7)avoid, while communicating with the parties, any impropriety or appearance of impropriety;
(8)be faithful to the relationship of trust and confidentiality reposed in the office of mediator;
(9)conduct all proceedings related to the resolution of a dispute, in accordance with the applicable law;
(10)recognise that mediation is based on principles of self- determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement;
(11)maintain the reasonable expectations of the parties as to confidentiality;
(12)refrain from promises or guarantees of results.