Mediation – Code of Good Practice

Code of Practice

This code of practice applies to all mediations conducted or offered by representatives (staff or volunteers) of CWMPAS/CMS-RCT. It is intended to set out the parameters within which CWMPAS/CMS-RCT conducts mediation.

Definition of Mediation

Mediation is a method of conflict resolution that enables people involved in conflict to reach a mutually acceptable agreement with the help of a neutral third party mediator.

Mediation empowers people to take ownership of their issues and helps them reach acceptable and positive resolution for the future.

Mediators help people identify their needs, clarify issues, explore solutions and negotiate agreement.

Mediators do not make suggestions, decisions or impose a settlement.

Aims and Objectives

CWMPAS/CMS-RCT aims to provide mediation services to enable the people of Rhondda Cynon Taff to have a direct impact in presenting and resolving conflicts and disputes in their communities

CWMPAS/CMS-RCT aspires to bring total harmony to all, resolving conflict through the medium of mediation

Ethics of Mediation

All CWMPAS/CMS-RCT mediators should have regard to the ethics of mediation in that all mediations should be carried out in a way that:

• Minimises distress to the participants and any others involved

• Promotes as good a relationship as possible between the participants and any others involved

• Seeks to promote balanced, realistic, sustainable agreement between parties

• Allows participants, themselves, to reach agreement which they consider appropriate to their own particular circumstances.

• Removes or diminishes any risk of abuse or harm to any of the participants and any others involved
• Promoted the principles of independence, impartiality and voluntariness

• Has due regard for confidentiality and the need to breach under prescribed circumstances

• Seeks to consider issues of diversity, equality, anti-discrimination and address any power imbalance
  Organisational Code of Good Practice

As a mediation organisation which follows Good Practice CWMPAS/CMS-RCT will:

• Use only those mediators who have been sufficiently trained (OCN level 3 or equivalent).

• Support newly trained mediators to gain experience through co-working with experienced lead mediators before themselves undertaking mediations as lead mediator.

• Use only those mediators who attend supervision on a regular basis and ongoing training as required.

• Ensure that its mediators follow the CWMPAS/CMS-RCT Code of Conduct for Mediators.

• Ensure that mediations are carried out using the CWMPAS/CMS-RCT Facilitative Mediation Model and with due regard to the principles of independence, impartiality, confidentiality and voluntary participation.

• Have an efficient system of administration which amongst other things ensures that only appropriate mediators are appointed to the mediations it supports.

• Have an effective system of regular mentoring and peer review.

• Have an effective system for obtaining, collating, and reviewing feedback from mediators, mentors, and users.

• Ensure that its clients are able to access its complaints procedure.

• Be sufficiently insured to cover errors, omissions, and negligence.

• Be sensitive to diversity, equality, anti-discrimination, and confidentiality issues.

Code of Good Practice for Mediators

A CWMPAS/CMS-RCT Mediator who follows Good Practice will:

• Follow CWMPAS/CMS-RCT policies, procedures and Code of Conduct and be aware that CWMPAS/CMS-RCT adopts the principles of the European Code of Conduct for Mediators (see appendix).

• Specialist mediators should be aware of, and abide by, the codes of conduct adopted by any mediation organisation of which they personally, or CWMPAS/CMS-RCT as an organisation, are members.

• Facilitate mediations under the principle of participants’ self-determination and voluntariness.

• Undertake Risk Assessments to ensure the safety of all participants during the mediation process and take steps to ensure the safety of all participants on arrival and departure.

• Conduct mediations impartially as between participants and as regards outcome.

• Maintain the confidentiality of all communications made to the mediator by those involved in the mediation process, unless otherwise agreed to by them, and promote understanding among the participants regarding the extent to which they shall maintain confidentiality of information obtained in mediation and the need to disclose information in the event of possible harm to the client (or any other person, in particular a child) or any criminal activity.

• Ensure that confidentiality is maintained in the storage before mediation and after mediation return all mediation records, notes, and files to CMS RCT offices.

• Explain the process to the participants before the mediation begins including how information disclosed to the mediator in side meetings (caucus) will be treated.

• Be sensitive to issues of diversity, equality, and anti-discrimination.

• Not knowingly misrepresent any facts or matter in the course of mediation.

• Accept appointments only when they have sufficient time to prepare for, conduct, and if necessary, follow up the mediation.

• Not be influenced by a desire to maintain or increase their personal settlement rate, for example, through increased practice hours and number of successful mediations towards OCN book 4.

• Before (and if necessary during) mediation disclose any actual or potential conflicts of interest which could reasonably be seen to affect the mediator’s impartiality.

• Be aware of CWMPAS/CMS-RCT clients’ complaints resolution policies and procedures.

• Ensure that they receive regular mentoring and/or peer review and receive reviewing feedback.

• When sufficiently experienced, and where the parties willingly permit, offer opportunities to newly-trained mediators to observe his/her mediations.