Code of conduct for mediators

As an MfN-registered mediator, I am bound by the Code of Conduct for MfN-registered mediators (Gedragsregels voor de MfN-registermediator). The code is a guideline for the mediator's conduct. It also informs those involved and is the standard the disciplinary board uses to assess a mediator's actions.

Below is a summary in English. The official text is in Dutch: see the Gedragsregels. In case of any difference, the Dutch text prevails.

1. Professional ethics and integrity

The mediator behaves as may be expected of a proper mediator, also under outside pressure to do otherwise.

2. Transparency

The mediator gives the parties clarity about the mediation process, including their own role, approach and what the parties may expect.

3. Party autonomy, commitment and voluntary participation

The mediator respects the parties' autonomy, checks that they take part voluntarily and are committed, and does not decide on the dispute. The parties make their own choices. With their consent, the mediator may suggest solutions while safeguarding impartiality, and points out the option of consulting external advisers.

4. Independence

The mediator has no interest that could affect their independence. A fee that depends on the result of the mediation is in any case incompatible with independence. If the mediator cannot act independently, they decline the assignment or withdraw.

5. Impartiality

The mediator is impartial and acts without bias towards any party or their views. If the mediator cannot act impartially, they decline the assignment or withdraw.

6. Confidentiality

The mediator ensures that everyone involved commits to respecting the confidentiality agreements. The mediator has a duty of confidentiality under Article 7 of the MfN Mediation Rules, which continues after the mediation has ended. Everything exchanged during the mediation, orally or in writing, including in separate and exploratory meetings, is confidential and may not be used outside the mediation unless the parties agree otherwise.

7. Competence

The mediator is professionally competent and only accepts a mediation if they have the necessary knowledge, skills and competences. Where additional expertise is needed, the mediator may bring it in through third parties with the parties' consent.

8. Working method

The mediator is responsible for the mediation process and monitors its progress, using an approach that suits the dispute, the stage of the process and the parties' needs. The mediator concludes a written mediation agreement with all parties in advance, including agreements on confidentiality and voluntary participation, and involves third parties only with the consent of all parties. The mediator's work ends once the neutral final notice under Article 8.2 of the MfN Mediation Rules has been sent.

9. Fees and costs

The mediator agrees on fees and costs in advance and records them in the mediation agreement. The mediator points out the possibility of legal aid (a toevoeging) and, in legal aid cases, charges nothing beyond the personal contribution set by the Dutch Legal Aid Board. A fixed amount may be agreed. Invoices are clear and transparent.

10. Disciplinary rules

The mediator is subject to the disciplinary rules of the Stichting Tuchtrechtspraak Mediators.