What are the Ethics to be followed by Mediator or Conciliator?
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2025
What are the Ethics to be followed by Mediator or Conciliator?
Answer & Explanation:
Rule 28 of the Companies (Mediation and Conciliation) Rules, 2016 provides the provisions relating to Ethics to be followed by Mediator or Conciliator. It states: The mediator or conciliator shall- (a) follow and observe the rules strictly and with due diligence; (b) not carry on an activity or conduct which shall reasonably be considered as conduct unbecoming of a mediator or conciliator; (c) uphold the integrity and fairness of the mediation or conciliation process; (d) ensure that the parties involved in the mediation or conciliation are fairly informed and have an adequate understanding of the procedural aspects of the process; (e) satisfy himself or herself that he or she is qualified to undertake and complete the assignment in a professional manner; (f) disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias; (g) avoid, while communicating with the parties, any impropriety or appearance of impropriety; (h) be faithful to the relationship of trust and confidentiality imposed in the office of mediator or conciliator; (i) conduct all proceedings related to the resolutions of a dispute, in accordance with the relevant applicable law; (j) recognise that the mediation or conciliation is based on principles of self-determination by the parties and that the mediation or conciliation process relies upon the ability of parties to reach a voluntary, undisclosed agreement; and (k) maintain the reasonable expectations of the parties as to confidentiality and refrain from promises or guarantees of results.
Topics: Alternative Dispute Resolution (ADR)
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