The Egyptian Center for Arbitration
and Settlement Non-Banking Financial Disputes
 

Mediator's non-conflict-of-interest declaration

Declaration

The signing mediator acknowledges that he has read and understood the rules of conflict of interest in this declaration and agrees to abide by them, including his duty to disclose any current or potential conflict throughout the duration of the mediation process

Introduction:

The Purpose of this declaration is to protect the parties’ interests. Since Mediators are professionals in various fields, the mediator shall be impartial and independent of the parties for all the time and shall not act in a manner causing a conflict of interests.

Definition of conflict of interest:

Conflict of interest arises when private interest, whether it is material or moral, direct or indirect, real or potential, affects the independence or impartiality of the mediator in issuing a recommendation or expressing an opinion on the subject matter of the settlement.

Procedures:

1. The general rule

The mediator shall be impartial and independent of the parties at the time of accepting an appointment to serve as mediator and shall remain so throughout the entirety of the mediation process until the final recommendation has been issued or the proceedings have otherwise finally terminated. Accordingly, the mediator shall be committed to the following:

1. Refraining from engaging in any business or carrying out any activity that would lead to a real or apparent conflict between his personal interests, and his job responsibilities.
2. Refraining from carrying out any activity unsuitable with his objective and impartial performance of his duties as well as any activity that could lead to a biased treatment in favor of a party to the dispute.
3. The mediator shall not be linked to the parties in any way. He shall disclose the extent of his affiliation with any entity linked to the parties of the dispute.

1.  The mediator's disclosure obligation

1. Within one week after being notified of his or her nomination, the mediator shall, in case he accepts, present the center with a written and signed declaration of impartiality and independence.
2. The prospective Mediator shall disclose any facts or circumstances that might affect or give rise to justifiable doubts in the eyes of the parties as to his or her impartiality, independence or might be perceived to create a conflict of interest.
3. The Mediator shall, since his appointment and throughout the course of the mediation process, disclose any of the recent facts, circumstances or relationships as soon as they occur. Any doubt as to whether the mediator should disclose the said facts or circumstances should be resolved in favour of disclosure.
4. The mediator must disclose whether he checked, examined, expressed an opinion or participated in any manner or capacity in the subject matter of the mediation in the five years prior to the mediation procedures.
5. The mediator discloses whether he has previously worked or provided legal counsel or had a contractual or non-contractual relationship, directly or indirectly, in any capacity with the parties.

1. Obligation to refrain from contact between the mediator and the parties

1. Throughout the course of the mediation process, the mediator shall avoid communicating with any of the parties individually regarding the mediation. In the event that this occurs, he shall inform the rest of the parties and the mediation center of this communication as well as its content.
2. The mediator shall avoid any conduct that would hinder settlement hearings or make the settlement harder to reach. The mediator should also refrain from any action that would compromise his impartiality or independence.
3. The mediator shall not engage directly or indirectly with the parties or their representatives regarding his fees or the mediation fees.
4. The mediator shall not accept directly or indirectly gifts or privileges in cash or in kind from the parties or their representatives, whether prior to the initiation, throughout the process or after the mediation proceedings.
5. The mediator shall refrain from getting into any relationship neither accepting any privilege likely to compromise his impartiality or that may reasonably lead to a fear of bias.

1. Signature