Article 1. Scope
This Code of Professional Conduct and Ethics for mediators (“the Code”) shall apply to mediators conducting mediation at Vietnam Mediation Centre (“Centre”).
Article 2. Respect for party autonomy
1. The mediator must respect party autonomy. It is the right of parties to a mediation to make their own voluntary and non-coerced decisions regarding the possible resolution of any issue in dispute at the time during a mediation process.
2. The mediator must not provide legal or expert advice to the However, the mediator may suggest the parties to obtain more legal or professional advice for their own benefit.
Article 3. Competence
The mediator must be competent and knowledgeable about mediation process as well as the dispute so as to conduct a mediation process in a fast and effective way.
Article 4. Independence and Impartiality
1. The mediator must be independent, impartial and be committed to serve all parties equally with respect to the process of mediation.
2. Unless otherwise agreed in writing by the parties after the mediator’s full disclosure, the mediator must not act as a lawyer for any party to the mediation. Throughout the mediation process, the mediator must be and shall remain independent, impartial, free of any personal interest or other conflict of interest in respect of mediation.
3. At any stage of the mediation, if the mediator becomes aware of his or her lack of independence and impartiality, he or she must withdraw from the mediation process and notify the parties.
Article 5. Conflict of interest
1. Before accepting the appointment, the prospective mediator shall promptly disclose in writing to the Centre any facts or circumstances that might cause any doubt about his or her independence, impartiality, objectivity and honesty or any failure to meet the parties’ requirements of the mediator (if any), unless the parties still agree expressly on that mediator to conduct the mediation.
2. Some circumstances that might give rise to doubt about the independence and impartiality of a mediator are as follows:
(i) Having any personal or commercial relationships with one or more parties;
(ii) Having any financial or other interests, whether direct or indirect, from any of the parties or the outcome of the mediation process;
(iii) The prospective mediator, or any members of his or her firm, has already participated in the mediation process under any roles rather than mediator that advocates a party or parties to the mediation.
3. Throughout the mediation process, the mediator shall not engage into any financial, business, professional, family, or social relationships with any of the parties or receive any benefits from any of the parties, unless otherwise agreed in writing by the parties after the mediator’s full disclosure.
Article 6. Confidentiality
1. The mediator shall inform to the parties and other participants in the mediation of the confidential nature of mediation;
2. The mediator, the parties and other participants in the mediation shall keep confidential and shall not disclose to any non-party all information, documents, and communications that are obtained from the mediation process except:
(i) With the parties’ written consent; or
(ii) When ordered to do so by a competent authorities or otherwise required to do so by law;
3. The mediator shall have the obligation of confidentiality with respect to all information he or she obtained from the mediation process.
Article 7. Remuneration
By accepting the appointment, it is construed that the mediator accepts with the regulations on remuneration of the Centre. The mediator shall strictly be refrained from demanding or negotiating with any of the parties on the matter of remuneration or any other privileges or expenses.
Article 8. Conduct of mediation
1. The mediator shall make reasonable efforts and with due diligence to study all documents submitted by the parties to the Centre before the start of any mediation sessions to ensure the efficiency of the mediation.
2. The mediator shall conduct mediation sessions in a manner that permits the parties to fully and effectively participate in the mediation sessions and that encourages respects among the parties.
Article 9. Promotion of Meditator’s services.
Might the mediator promote or offer his or her services only if he or she shall do so without guaranteeing settlement or promising specific results and shall provide accurate information about his or her education, background, mediation training and experience.
