Mediation / MEDIATOR ETHICS RULES

MEDIATOR ETHICS RULES

OF THE MIDDLE COMMERCIAL ARBITRATION CENTER

(Effective as of June 01, 2021)

The Mediators of the Middle Commercial Arbitration Center (Center) commit to adhere the following professional ethics rules:

Rule 1. Impartiality 

1.1. The Mediator has an overriding obligation to act fairly impartially throughout all stages of the proceedings.

1.2. The prospective Mediator must decline to accept to resolve a dispute if:

• The Mediator has prejudices against one or more parties or to witnesses who are important or prejudiced about the dispute, which affects his/her decision(s) on the outcome of the dispute resolution; or

• The Mediator has expressed legal opinion(s) concerning the nature of the dispute before being selected/appointed as a Mediator; or

• There are financial, business, professional, family, or social relationships between the Mediator and at least one of the parties, which these relationships benefit him/her in any forms/ways.  

1.3 The Mediator may publicize his/her expertise and experience but shall not intentionally induce the parties to choose himself/herself as a Mediator.

1.4. The Mediator must not receive any gift or substantial hospitality by any party in the dispute whether direct or indirect.

1.5. The Mediator must ensure all parties are facilitated with equal opportunities to present the evidences and arguments on matters related to the dispute.

Rule 2. Independence

The Mediator must resolve the dispute independently, in accordance with the law and the details of the dispute without the impact of any organization or individual 

Rule 3. Disclosure

3.1. During the mediation proceedings, the Mediator is obliged to promptly notify any incident which may cast doubt on his/her carefree and independence.

3.2. The prospective Mediator must disclose to the Centre and the parties:

• Any past or present close personal or business relationship, whether direct or indirect, with any party in the dispute or with any representative of a party or any person who is likely to become an important witness in the dispute;

• All information relating to the dispute that the Mediator has beforehand being selected/appointed as a Mediator.

Rule 4. Confidentiality

The Mediator has the obligation to keep the content of the dispute confidential and not use information relating to the course of the proceedings to gain personal advantage or advantage for others, or to affect adversely the interest of other people.

Rule 5. Diligence

5.1. The Mediator shall only accept the settlement of disputes if he/she has sufficient capacity and time to resolve the dispute. Once accepting to be a Mediator, the Mediator must conduct the dispute with due diligence for a prompt resolution.

5.2 Upon the commencement of the mediation proceedings, the Mediator shall acquaint himself/herself with all the facts and arguments presented and all discussions relative to the proceedings so that he/she may properly understand the dispute.

Rule 6. Remuneration of Mediator

Once accepting to be a Mediator, the Mediator is construed to accept the rules on the remuneration of Mediator of the Centre. The Mediator shall not have any unilateral arrangement with a party or the counsel of a party on remuneration and additional expenses.