European code of conduct for mediators

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The European code of conduct for mediators defines voluntary rules of conduct for mediation . The code of conduct was presented on July 2, 2004 at a conference of the European Commission on mediation and adopted there.

content

The code of conduct regulates standards for the following subject areas in four sections:

  1. Competence and appointment of mediators: Here it is stipulated in particular that mediators must have relevant training and continuous further training as well as experience with mediation activities on the basis of relevant standards or licensing regulations and are obliged to provide the parties with information on their background and experience at their request deliver.
  2. Independence and impartiality: Here u. A. The mediator's duty of disclosure as well as his obligation to always be impartial in his actions and behavior towards the parties and to serve all parties equally in the mediation process .
  3. Mediation agreement, procedure, mediation regulation and remuneration: Here it goes A. The mediation agreement to be drawn up initially, which will be put down in writing at the request of the parties and a fair trial with the possibility for the parties to withdraw from the mediation at any time. Within the scope of his competence, the mediator can, upon request, inform the parties how they can formulate the final agreement and what conditions it is enforceable . The mediator must provide full information on the cost regulation and the mediation only begins after the parties accept the principles of remuneration of the mediator.
  4. Confidentiality : The following is stipulated: "The mediator shall maintain the confidentiality of all information from or in connection with the mediation process and keep secret the fact that the mediation is to take place or has taken place, unless it is required by law or for reasons of public order Disclosure forced. Information that one of the parties has disclosed to the mediator in confidence may not be passed on to other parties without permission, unless there is a legal obligation to pass it on. "

Subsequent developments

A few months after the code of conduct was adopted, the European Commission presented its proposal for Directive 2008/52 / EC (Mediation Directive) .

See also

Web links

Individual evidence

  1. ↑ Burkhard Hess: European civil procedure law: a textbook , Hüthig Jehle Rahm Verlag (2010), ISBN 978-3-8114-3304-5 , p. 601 .
  2. ↑ European Code of Conduct for Mediators. In: European Commission website. June 11, 2019, accessed June 11, 2019 .
  3. ↑ Andre Depping, Kathrin Platter: On the way to a different culture of debate? The new mediation laws in Italy and Germany. In: Michele Sexta, Pier Giuseppe Monateri, Beate Gsell, Peter Kindler: Wirtschaftsrecht, Schadenrecht, Familienrecht , Hüthig Jehle Rehm Verlag (2012), ISBN 978-3-8114-5401-9 (pp. 85–116), p. 86 .