AIAC CODE OF CONDUCT FOR MEDIATORS
1. General
1.1 This Code of Conduct is applicable for mediations administered by the AIAC
under the AIAC Mediation Rules.
1.2 For the purpose of this Code of Conduct, the term ‘Mediator’ means a SoleMediator or co-Mediator(s), as the case may be.
1.3 Further, the term ‘private caucus(es)’ means a confidential meeting between aMediator and one Party to the mediation, and is to be distinguished from a‘mediation session’ which is a meeting between a Mediator and all Parties tothe mediation.
1.4 Compliance to this Code of Conduct shall be expected of a Mediator at allmaterial times.
2. Appointment
2.1 When approached with an appointment, a Mediator shall conduct reasonableenquiries with regard to potential conflicts of interest that may arise from his or
her appointment for that particular matter that may affect his or her impartiality
and independence. The International Bar Association’s (IBA) Guidelines on
Conflict of Interest in International Arbitration will be a point of reference indetermining the disclosure requirements and whether a Mediator is conflicted.
2.2 A Mediator shall only accept an appointment if he or she is fully satisfied thathe or she is independent of the Parties at the time of the appointment and isable to remain so throughout the proceedings, as well as able to discharge hisor her duties without bias and to give to the proceedings the time and attention
which Parties are reasonably entitled to expect, has adequate knowledge ofthe language of the proceedings experience and ability for the case at hand.
3. Disclosure
3.1 A prospective Mediator shall disclose to the AIAC, the Parties, and/or coMediators (if any), all facts and/or circumstances that may give rise tojustifiable doubts as to his or her impartiality or independence as soon as theinformation becomes available.
3.2 Before accepting an appointment, a prospective Mediator must disclose:
3.2.1

any past or present close personal relationship or business
relationship, whether direct or indirect, with any Party to the dispute,
any representative of a Party, or any person known to be a potentially
important witness to the mediation; and3.2.2

the extent of any prior knowledge he or she may have of the dispute.

3.3 Following such disclosure, the Director of the AIAC shall re-assess thesuitability of the Mediator for the matter in which the Mediator was appointed
and make such determination as may be appropriate including termination of
the Mediator in the said matter.
3.4 This duty of disclosure shall continue throughout the mediation with regard to
any new facts and circumstances that may arise.
3.5 Failure to disclose any prior and/or new facts and circumstances will be notedby the AIAC and taken into account in future nominations and/or appointments.
Such failure to disclose may also serve as a ground for removal of the Mediatorfrom the AIAC Panel of Mediators even if the non-disclosed facts orcircumstances did not justify replacement or disqualification of the Mediator.
4. Communications
4.1 All communications, other than meetings held in mediation sessions and/or
private caucuses, should be in writing, which includes but is not limited to,communications via email or other electronic means.
4.2 Before accepting an appointment, a Mediator may only enquire as to thegeneral nature of the dispute, the names of the Parties, the amount in disputeand the expected time period required for the proceeding.

4.3 No Mediator shall confer with any of the Parties or their Representatives until
after the AIAC communicates the appointment to the Parties and/or theParties’ Representatives.
4.4 With the exception of meetings held in private caucuses, a Mediator shall avoid
any ex-parte or unilateral communications regarding the case with any Partyor its Representatives throughout the mediation proceedings. If such
communication occurs, the Mediator shall inform the other Party(ies) and coMediators, if any, of its substance.
4.5 Any correspondence between a Mediator and Parties shall remain private andconfidential and shall not be copied to anyone other than the Parties to thedispute, their Representatives (if any) and the AIAC, unless the Parties agree
otherwise.
5. Termination
5.1 Savings
Should, for whatever reason, this Code of Conduct no longer applies, Clause 5 andits provisions shall remain in force.
5.2 Corruption, Unlawful or Illegal Activities
Without prejudice to any other rights of the AIAC, if a Mediator is charged in, orconvicted by any court of law for corruption or any other unlawful or illegal activities,
regardless of whether such is in relation to this Code of Conduct or any otheragreement that the Mediator may have with the AIAC, or in an unrelated matter,
5.2.1

the Director of the AIAC shall re-assess the suitability of the Mediatorin any ongoing mediation proceedings where the Mediator has been
appointed and make such determination as may be appropriate
including termination of the Mediator in the said matter; and5.2.2

the AIAC shall, under all circumstances, be entitled to remove theMediator from the AIAC’s Panel of Mediators.

5.3 Consequences of Termination
In the event that a determination is made by the Director of the AIAC pursuant toClauses 3.3 or 5.2 of this Code of Conduct or otherwise, to terminate the servicesof the Mediator in any ongoing mediation proceedings where the Mediator has been
appointed,
5.2.1

notwithstanding such termination, the Mediator shall remain bound by
the applicable confidentiality provisions governing the mediation
including the provisions under Clause 8 of this Code of Conduct whichshall continue to subsist;

5.2.2

the Mediator shall not be entitled to any compensation or any otherform of losses including any loss of profit, damages or claims
whatsoever, other than payment for work done in accordance with
Clause 7 only where so determined by the Director of the AIAC after
consultation with the Parties and any co-Mediator(s); and5.2.3

where any interim release of fees has been paid to the Mediatorpursuant to Clause 7 prior to the Mediator’s termination, suchpayments shall constitute full and final settlement of fees between theMediator and the Parties.

6. Conduct During Mediation Proceedings
6.1 A Mediator shall at all times keep the AIAC informed on the status of themediation proceedings.
6.2 Before convening and/or proceeding with meetings held in mediation sessions
and/or private caucuses, a Mediator shall verify the status of the deposits madeby the Parties, or Party, with the AIAC
6.3 Once the mediation proceedings commence, a Mediator shall acquaint himself
or herself with all information related to the proceedings so that he or she may
properly understand the dispute.
6.4 A Mediator shall assist the Parties to reach an amicable agreement orsettlement between Parties regarding any difference or dispute by facilitatingthe same, after careful consideration and exercise of his or her own impartial
judgment and shall not permit outside pressure, fear or criticism or any form ofself-interest to affect his or her decisions.
7. Fees
7.1 The Parties and Mediator(s) are at liberty to agree on the fees and expensesof the Mediator. Notwithstanding this, all deposits towards the costs of themediation, including the fees and expenses of the Mediator(s) shall be remitted
to and held in an account of the AIAC, and any interest accrued thereon shallbe retained by the AIAC.
7.2 Unless otherwise agreed by the Mediator(s) and the Parties, the Schedule ofFees under the AIAC Mediation Rules shall apply. In the event that theMediator and the Parties agree that the Schedule of Fees of the AIACMediation Rules shall not apply, the Mediator must then disclose and set out
the basis and calculation of his or her fees and expenses to the Parties on or
before the first mediation session or private caucus, as the case may be.
7.3 Immediately after the first mediation session or private caucus, as the casemay be, the Mediator shall notify the AIAC, in writing, of the agreed fees andexpenses. Thereafter, the Mediator shall keep the AIAC informed, in writing,of any changes to the fees and expenses of the Mediator during theproceedings.
8. Confidentiality
8.1 At all times, the mediation proceedings shall remain confidential. A Mediator isin a relationship of trust to the Parties and shall not, at any time, use
confidential information acquired during the course of the proceedings to gaina personal advantage for him, herself or others or to affect adversely theinterest of another.
8.2 The Code of Conduct is not intended to provide grounds for the setting asideof any settlement reached and/or agreement made in the course of mediation
proceedings.