1. European
Code of Conduct
For Mediators
(in civil and commercial matters)
Ankara Bar Association – ADR Center
Introduction to Mediation – February 10th, 2007
Ankara - Turkey
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

2. European Code of Conduct
For Mediators
Adherance to the European Code of Conduct is
without prejudice to national legislation or rules
regulating individual professions (for instance:
bar regulations)
Organizations providing mediation
services may develop more
detailed codes adapted to their
specific context.
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

3. European Code of Conduct
For Mediators
Basics :
• professional competence
• independence, neutrality and impartiality
• mediation process
procedure
fairness of process
end of process
fees
• confidentiality
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

4. European Code of Conduct
For Mediators
Professional Competence
• knowledgeable in the process of mediation
• proper and sufficient basic training
• continuous updating
• when asked : disclose information concerning
background / experience
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

5. European Code of Conduct
For Mediators
There will be NO TRUST in the process :
When the mediator is not sufficiently familiar with
the procedure or the techniques
When the mediator does not
follow his / her procedures
From the start QUALITY of the mediators is
at least as important as QUANTITY
(Netherlands experience)
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

6. European Code of Conduct
For Mediators
Independence
• must not act without having disclosed any
circumstances that may (or may be seen to)
affect his independence or conflict of interest.
• the duty to disclose is a continuing obligation
throughout the mediation process.
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

7. European Code of Conduct
For Mediators
Independence – examples
• personal business relationship with one of the
parties
• any financial interest (direct or indirect) with
the outcome of the mediation
• the mediator (or member of the firm) acts /
has acted in any capacity other then mediator
for one of the parties
• ...
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

8. European Code of Conduct
For Mediators
In such cases the mediator can only act provided :
full disclosure and the parties explicitly
consent
that he / she is certain to be able to carry out
the mediation with full independence and
neutrality in order to guarantee full
impartiality
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

9. European Code of Conduct
For Mediators
“The mediator shall at all times act and
endeavour to be seen to act with
impartiality towards the parties and shall be
committed to serve all parties equally with
respect to the process of mediation.”
mediation.”
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

10. European Code of Conduct
For Mediators
Mediation Process
Make the parties familiar with :
• the characteristics of the mediation
• the terms and conditions of the mediation
agreement
• the role of the mediator and the parties
• the “incidents”: caucus, consulting lawyer /
experts ...
• the obligations of confidentiality
• the right to “opt out” at any time
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

11. European Code of Conduct
For Mediators
Mediation Process
procedure : conduct the proceedings in an
appropriate manner, taking into account the
circumstances of the case, imbalances of power
between the parties, rule of law, any specific
wishes of the parties
fairness : ensure that all parties have adequate
opportunities to be involved in the process
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

12. European Code of Conduct
For Mediators
Mediation Process
the mediator informs the parties about the
consequences of the mediation (final and binding
agreement, enforceability ...) and /or the
unenforceability or illegality of any agreement
the mediator ends the process if he / she believes
an agreement will not be reached
the mediator ensures that the understanding of
the parties is reached through knowing and
informed consent, and is adequatly reflected in
consent,
the agreement
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

13. European Code of Conduct
For Mediators
Mediation Process
fees : the mediator should ensure that the way of
remuneration that is applied. He / she shall not
accept a mediation before the principles thereof
have been accepted by all parties concerned
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

14. European Code of Conduct
For Mediators
Confidentiality
confidential : all information arising out or
connected to the mediation, including the fact
that a mediation is to take place / taking place,
unless compelled by law of public policy grounds.
confidential : any information disclosed by one
party in confidence to the mediator shall not be
disclosed to the other parties without permission
or unless compelled by law.
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey

15. European Code of Conduct
For Mediators
Bener Danışmanlık A.Ş.
Yapı Kredi Plaza C Blok Kat:1
34330 Levent – Istanbul
Paul Wouters
Tel : + 90 (212) 325 02 32 / ext 127
Fax : + 90 (212) 325 10 66
Cell : + 90 (535) 656 23 24
E-mail: paul.wouters@bener.com.tr
Paul WOUTERS - Bener Danışmanlık A.Ş.
Istanbul - Turkey