Mediator's Declaration of Non-Conflict of Interest
The undersigned mediator acknowledges having read and comprehended the regulations governing conflict of interest in this declaration and hereby agrees to adhere to them, including the obligation to disclose any current or potential conflicts throughout the entirety of the mediation process.
The purpose of this declaration is to safeguard the interests of the parties involved. Given that mediators possess expertise in various fields, it is imperative for the mediator to maintain impartiality and independence from the parties at all times, ensuring the avoidance of conflicts of interest.
Definition of Conflict of Interest:
Conflict of interest arises when a mediator's private interests, whether material or moral, direct or indirect, actual or potential, impede the independence or impartiality of the mediator in providing recommendations or expressing opinions on the subject matter of the settlement.
The mediator shall uphold impartiality and independence from the parties upon accepting an appointment to serve as mediator and shall maintain such impartiality and independence throughout the entirety of the mediation process until the issuance of the final recommendation or the conclusion of proceedings. Accordingly, the mediator shall adhere to the following:
Abstaining from engaging in any business activities or undertaking any actions that could lead to an actual or perceived conflict between personal interests and professional responsibilities.
Refraining from engaging in any activities that may compromise the objective and impartial performance of duties or result in biased treatment favoring any party to the dispute.
The mediator shall not have any affiliations with the parties involved and shall disclose any affiliations with entities linked to the parties of the dispute.
Mediator's Disclosure Obligation:
Upon acceptance of nomination, the mediator shall, within one week, furnish the center with a written and signed declaration affirming impartiality and independence.
The prospective mediator must disclose any facts or circumstances that may affect or cast doubt on their impartiality, independence, or be perceived as creating a conflict of interest.
Throughout the mediation process, the mediator shall promptly disclose any newly arisen facts, circumstances, or relationships. Any doubts regarding disclosure shall be resolved in favor of disclosure.
The mediator shall disclose any involvement, whether through observation, examination, expression of opinion, or participation, in the subject matter of mediation within the preceding five years.
The mediator shall disclose any past employment, provision of legal counsel, or contractual/non-contractual relationships with the parties, directly or indirectly.
Obligation to Refrain from Contact between the Mediator and the Parties:
Throughout the mediation process, the mediator shall avoid individual communications with any party regarding the mediation. In the event of such communication, the mediator shall promptly inform all parties and the mediation center of the communication and its contents.
The mediator shall refrain from any conduct that impedes settlement hearings or complicates the resolution process, ensuring impartiality and independence.
The mediator shall not engage in direct or indirect discussions with the parties or their representatives concerning fees for mediation services.
The mediator shall decline any gifts or privileges, whether in cash or kind, directly or indirectly, from the parties or their representatives, before, during, or after the mediation proceedings.
The mediator shall abstain from entering into any relationships or accepting any privileges that could compromise impartiality or reasonably lead to a perception of bias.