15. Obligations of mediators

A mediator shall at all times ensure that the integrity of the mediation process is maintained and shall, for that purpose observe the following in the conduct of mediations :-

explain to the parties the mediation process, the non-coercive role of the mediator and the role expected of the parties;

use such skills and techniques as are appropriate to assist the parties to reach an informed and voluntary solution which is acceptable, and not impose upon them a solution to the dispute;

conduct the mediation in a timely, fair, impartial, neutral and cost-effective manner;

maintain the trust of the disputing parties at all times of the mediation;

conduct as many mediation conferences as may be necessary with all the parties jointly, as well as separately, as are considered to be appropriate in the circumstances;

avoid a conflict of interest or an appearance of a conflict of interest during and after the mediation and for that purpose decline or offer to withdraw from the mediation if circumstances prevent an avoidance of real or perceived conflict;

disclose to the parties any actual or perceived conflict of interest immediately on becoming aware of such a situation whether prior to accepting the appointment as a mediator or at any time during the mediation, and accept the role of mediator or continue in the role only with the written consent of the parties;

maintain the confidentiality of a mediation in compliance with the provisions of section 16, including any information disclosed by a party on the specific condition that such information should be kept confidential and should not be divulged to the other party or parties, and also with regard to notes maintained during the mediation process;

comply with the provisions of the applicable code of conduct for mediators; and

conduct the mediation in compliance with such terms as are agreed to by the parties.