ADR Partners LLC
and Alternative Dispute
Baghramyan 44, #6,
Republic of Armenia
Tel: +374 98 88 1720
ADR PARTNERS MEDIATION AND ARBITRATION CENTER RULES OF CONDUCT OF MEDIATORS AND ARBITRATORS
The present rules set out moral and ethical norms and rules of conduct for mediators and arbitrators of ADR Partners (hereinafter “ADR Center or “ADR partners” List who conduct mediation and arbitration as well as other alternative dispute resolution services.
Mediation/arbitration within the ADR Partners is a dynamic process that can be performed in accordance with the techniques and skills of the mediator/arbitrator. ADR Partners strongly encourages mediators in applying different methods of dispute resolution, which will derive from the interests of the Parties.
The present rules are intended for use in all types of mediations/arbitrators related to the civil, commercial, family and employment cases conducted by ADR Partners and its mediators/arbitrators.
Mediation - an alternative method of dispute resolution without the trial with the assistance of a third neutral, impartial party - mediator, who helps parties, involved in the dispute and voluntarily participating in the mediation, to develop a mutually acceptable solution to the dispute.
Mediator - an independent third party who, on the basis of the mediation agreement, assists the parties in resolving the dispute through mediation.
Arbitration - an alternative method of dispute resolution without the trial with the assistance of a third neutral, impartial party - arbitrator, who listens to the parties, analyzing the facts and makes the final decision.
Arbitrator - an independent person appointed by the parties or at the request of the parties by ADR Partners, to assist in resolving the dispute through arbitration.
Parties - persons involved in the dispute that want to resolve it through the mediation/arbitration within ADR Partners.
Mediation/Arbitration participants - other persons who, with the consent of the parties and the mediator/arbitrator, participate in the process of mediation/arbitration in accordance with the relevant applicable rules.
Case manager - ADR Partners employee, who deals with the case management and organizational issues of the mediation/arbitration conducted by the mediator/arbitrator.
2. Mediation rules of ethics provided by the Law
2.1 Mediation process shall be carried out on the basis of principles of voluntarism, confidentiality, equality between the parties and impartiality of the mediator.
2.2 Mediator shall be guided by the following general rules of conduct: 1) disclose any interest or relationship that may have negative effect on the impartiality of mediator as declared in writing by the “conflict of interest declaration” document signed by the mediator; 2) demonstrate equal, respectful and impartial attitude towards the disputing parties and, under no circumstances, act as the attorney to one of the parties; 3) explain the mediator’s role and the nature of mediation process to the mediation parties; 4) maintain confidentiality of mediation; 5) carry out the mediation within the shortest possible time; 6) positively contribute to the credibility and reputation of mediation.
3. The appointment of mediator/arbitrator
The mediator/arbitrator or the case manager coordinates with the parties an appropriate date and time for mediation/arbitration. Before making an appointment, the case manager of the mediator/arbitrator is obliged to ensure the competence of the mediator/arbitrator for conducting of the particular mediation/arbitration and, at the request of the parties, to provide them with information regarding the experience and practice of the mediator/arbitrator.
The mediators/arbitrators may advertise and promote their professional services in a truthful and dignified manner and by mentioning their relation with ADR Partners. Advertising and promotion as well as the information on experience, services and fees shall be accurate and all questions related therewith should be redirected ADR Partners’ staff or case manager.
The mediator/arbitrator should avoid marketing that is misleading or that compromises impartiality. The mediator/arbitrator should not guarantee the outcome of dispute resolution, especially when such guarantee is in favor of one side.
4. The principles of conduct for mediators/arbitrators
4.1. Independence and voluntariness
The mediator/arbitrator takes a neutral position and strives to avoid bias or prejudicial attitude towards any of the parties. The mediator/arbitrator shall not act, or shall stop acting if upon or after starting the process discovers circumstances that can influence his independence and raise conflict of interests. The obligation of identifying such circumstances is an indispensable duty of the mediator/arbitrator during the whole mediation/ arbitration process. In such circumstances, with the consent of the parties, the mediator/arbitrator may begin or continue the mediation/arbitration in the event that he is confident in his ability to maintain full independence and neutrality to ensure absolute impartiality.
Mediator/arbitrator may register with any other alternative dispute resolution center or conduct mediation/arbitration in any form outside ADR Partners only upon the prior consent of ADR Partners. Mediator/arbitrator may not, in any manner, offer his/her legal services to the even if such services relate to another case.
4.2 Impartiality and Conflicts of Interest
The mediator/arbitrator must always act impartially, setting before himself, as a priority task, the duty to provide equal services to both parties for the sake of conducting mediation/arbitration. A mediator/arbitrator should not act with partiality based on any participant’s attitude, opinion, values and performance at the mediation/arbitration process, or for any other reason. The mediator/arbitrator shall not directly or indirectly give/accept gifts or monetary reward from the parties during or after mediation/arbitration. A mediator/arbitrator should withdraw if a conflict of interest arises during mediation/arbitration which could cause a serious doubt on mediator's/arbitrator’s impartiality. If after accepting a case for mediation/arbitration or commencing the process the mediator/arbitrator discovers/learns of a matter that could create a potential or actual conflict of interest, the mediator/arbitrator shall immediately disclose the same to the parties. After disclosure, if all parties agree, the mediator/arbitrator may proceed with the mediation/arbitration. A mediator/arbitrator should not proceed with the process unless all parties have acknowledged and waived any actual or potential conflict of interest. If the conflict of interest causes serious doubt in the integrity of the process, the mediator/arbitrator should immediately withdraw. If more than one mediator/arbitrator is appointed, each should inform the others of the interests and relationships that have been disclosed. The mediator/arbitrator should avoid conflicts of interest in recommending the services of other professionals.
4.3.1 Information revealed or expressed during mediation is confidential. With the exception of cases specified in the Criminal Procedure Code of the Republic of Armenia, the mediator, the parties as well as any person participating or having participated in mediation cannot be called upon to testify at court, whether as witness, specialist or expert, in connection with facts or information that has revealed during the mediation process.
4.3.2 The arbitrator shall keep confidential all information that have been provided to him by the parties and other arbitration participants or which have come to his knowledge during the preparation for and in the process of arbitration or in any other manner related therewith. The arbitrator may disclose information to third parties if the parties have clearly, openly and explicitly given him their consent to do so.
4.3.3 A mediator may report to the competent court if so required by the law, whether parties have participated at scheduled mediation sessions and whether they have reached a settlement. A mediator/arbitrator should not discuss a case with persons not involved directly in the mediation/arbitration except if it is realistically impossible to identify/find out the identity of the parties. The mediator may discuss the case with, and the arbitrator may hold the hearing with the presence of one of the parties if the other party fails to come to a mediation session or, as the case may be, to appear at an arbitration hearing after having been given due notice.
The mediator/arbitrator should not use confidential information for personal benefit/advantage. The mediator/arbitrator can use facts and skills that are applicable to such facts in the scientific and teaching purposes without the disclosure of the parties’ data.
The mediator/arbitrator strives to be fair and sincere with the parties and other participants of the process, explain to them the nature and meaning of their actions and, answers questions arising about mediation/arbitration. Before beginning the mediation/arbitration process, the mediator/arbitrator must explain the mediation/ arbitration peculiarities to the parties and other participants and shall make sure that they understand its nature and features, the role of the mediator/ arbitrator and his own role in the process, as well as the legal nature of a settlement agreement/arbitration decision. The parties should also consider the particular procedures the mediator/the arbitrator intends to use. In case the dispute is resolved by settlement, the mediator/arbitrator should be satisfied that the parties have understood the terms of the settlement reached.
The mediator/arbitrator guarantees conduction of mediation/arbitration and compliance with the procedure principles. The mediator/arbitrator shall explain to the parties that they are responsible for the decisions and agreements reached during the mediation/arbitration session. The mediator’s/arbitrator’s role is neutral and he doesn't represent any party and is not acting as an attorney. A mediator/arbitrator should not suggest legal advice to a party. A mediator/ arbitrator should make decisions in a just, independent and deliberate manner and never delegate the responsibility to decide to someone else.
The mediator/arbitrator agrees to the conducting of mediation/arbitration only in cases for which he has the necessary qualifications, competence and experience to satisfy the expectations of the parties. The mediator/arbitrator should prepare before the process by analyzing the statements submitted by parties. The mediator/arbitrator, who has come to the conclusion that he does not have enough specific knowledge and experience for the conducting of mediation/arbitration on the particular dispute, must, as quickly as possible, inform the parties and discuss the possibility of continuing the process with his participation, replacement, if necessary, or to engage co-neutral, assistant, specialist and/or experts in the relevant field. The mediator/arbitrator should also withdraw from the process if there is a conflict of interest or if, he will be unable to maintain impartiality or because of mediator's/arbitrator's physical disability.
Note.The present rules of conduct may, at any time and without notification, be revised by ADR Partners, but already started mediations/arbitrations are conducted according to the rules of conduct that are in force at the time of commencement thereof.