Declaration

The undersigned mediator hereby acknowledges that they have read and fully understood the regulations governing conflicts of interest as set forth in this declaration. The mediator commits to abiding by these regulations, including the obligation to disclose any actual or potential conflicts throughout the entire mediation process.

Introduction

This declaration aims to protect the interests of all parties involved. Since mediators often possess expertise across various fields, it is essential that the mediator maintains impartiality and independence at all times, avoiding any conflicts of interest.

Definition of Conflict of Interest

A conflict of interest occurs when a mediator’s private interests—whether material or moral, direct or indirect, actual or potential—compromise or appear to compromise the mediator’s independence or impartiality in providing recommendations or opinions related to the mediation subject.

Procedures

General Rule:
Upon accepting an appointment, the mediator shall uphold impartiality and independence from the parties throughout the mediation process until the final recommendation or conclusion of proceedings.

The mediator agrees to:

• Refrain from engaging in any business activities or actions that could result in actual or perceived conflicts between personal interests and professional duties.

• Avoid any conduct that might impair objective and impartial performance or cause bias in favor of any party.

• Disclose any affiliations with the parties or entities connected to the parties involved in the dispute.

Mediator’s Disclosure Obligation

• Within one week of appointment acceptance, the mediator shall submit a written and signed declaration to the Center affirming impartiality and independence.

• The mediator must disclose any facts or circumstances that may affect or cast doubt on their impartiality or independence or that could reasonably be perceived as conflicts of interest.

• The mediator shall promptly disclose any new facts, relationships, or circumstances arising during the mediation process. Any uncertainty about disclosure shall be resolved in favor of disclosure.

• The mediator shall disclose any involvement—such as observation, examination, expression of opinion, or participation—in the subject matter of the mediation within the previous five years.

• The mediator shall disclose any prior employment, legal counsel provision, or contractual or non-contractual relationships, direct or indirect, with any parties.

Obligations to Refrain from Improper Contact

• The mediator shall avoid individual communications with any party concerning the mediation. If such communication occurs, the mediator must promptly inform all parties and the mediation center of the communication and its content.

• The mediator shall refrain from any conduct that hinders settlement hearings or complicates the resolution process, preserving impartiality and independence.

• The mediator shall not negotiate fees directly or indirectly with any party or their representatives.

• The mediator shall decline any gifts or benefits—monetary or otherwise—from the parties or their representatives at any time before, during, or after the mediation.

• The mediator shall abstain from forming any relationships or accepting privileges that could compromise impartiality or create an appearance of bias.

Signature

Date: ___________________________

Mediator’s Name: ___________________________

Signature: ___________________________