Better conflicts, Better outcomes, Better world

Code of Conduct
for Third PartyNeutrals

2023 Edition

Centre for Effective

T: +44 (0)20 7536 6060

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St Paul’s Churchyard

E: adr@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

Code of Conduct for Third Party Neutrals
1. Introduction
This Code of Conduct (‘the Code’) applies to any person who acts as a Mediator or other neutral third party(‘the Neutral’) in any dispute resolution procedure (‘the Process’) conducted under the auspices of the Centrefor Effective Dispute Resolution (‘CEDR’) in relation to an attempt to resolve a dispute or difference (‘theDispute’) between all the parties (‘the Parties’) to the Dispute under the terms of a written agreement signedby the Parties, the Neutral and CEDR (‘the Process Agreement’) to seek resolution of the Dispute.
Where the process being used by the Neutral is Commercial Mediation then the CEDR Model Mediation
Procedure should be read in conjunction with this Code. This code is consistent with the European Code ofConduct for Mediators.

2. Competence and availability
The Neutral assures the Parties that he or she:
2.1 possesses the necessary competence and knowledge about the Process to deal with Dispute, based on
proper training and updating of education and practice in the necessary skills, as required by theregulations of the country of practice; and2.2 has sufficient time to prepare properly for and conduct the Process expeditiously and efficiently.
2.3 does not present his or her skills or background in promotional material in any way which is not truthfulor professional.

3. Fees and expenses
The Neutral undertakes:
3.1 to make clear either directly to the Parties or through CEDR the basis for charging fees and expenses as
between CEDR and the Parties for the conduct of the Process before the Process starts; and3.2 not to prolong the Process unnecessarily where there is, in the Neutral’s opinion, no reasonable
likelihood of progress being made towards settlement of the Dispute through the Process.

4. Independence and neutrality
The Neutral:
4.1 will at all times act and endeavour to be seen to act fairly, independently and with complete impartiality
towards the Parties in the Process, without any bias in favour of, or discrimination against, any of theParties;

Centre for Effective

T: +44 (0)20 7536 6060

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St Paul’s Churchyard

E: adr@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

4.2 will ensure that the Parties and their representatives all have adequate opportunities to be involved inthe Process;4.3 will disclose to the Parties any matter of which the Neutral is or at any time becomes aware which could
be regarded as being or creating a conflict of interest (whether apparent, potential or real) in relation to
the Dispute or any of the Parties involved in the Process, and, having done so, will not act or continue toact as Neutral in relation to the Dispute unless the Parties specifically acknowledge such disclosure andagree to the Neutral’s continuing to act in the Process: such matters include but are not limited to:• any personal or business relationship with any of the Parties;• any financial or other interest in the outcome of the Mediation;• having acted (either personally or through the Neutral’s own firm or business) in any capacity
other than as a Neutral in another Process for any of the Parties;• being in prior possession of any confidential information about any of the Parties or about thesubject-matter of the Dispute (but excluding any confidential information given to the Neutral
by one of the Parties while acting as Neutral in relation to the Dispute);• any such matters involving a close member of the Neutral’s family.
4.4 will not (nor will any member of the Neutral’s own firm or business or close family) act for any of theParties individually in relation to the Dispute either while acting as Neutral or at any time thereafter,
without the written consent of all the Parties.

5. Conduct of the Process
5.1 The Neutral will observe all the terms of the process agreement [e.g. Mediation], for example as regards
to confidentiality, and will conduct the Process consistent with any relevant CEDR model procedure.
5.2 The Neutral will ensure that the Parties understand the obligations of the Process Agreement, including
obligations relating to confidentiality.
5.3 Where there is resolution during the Process, the Neutral will direct the Parties to record any settlement,
signed in writing and ensure that the signatories acknowledge that by signing they accept andunderstand the terms of any settlement.

6. Professional Indemnity Insurance
The Neutral will take out professional indemnity insurance in an adequate amount with a responsible insurer
against such risks as may arise in the performance of the Neutral’s duties in relation to the Dispute before
acting as a Neutral.

Centre for Effective

T: +44 (0)20 7536 6060

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St Paul’s Churchyard

E: adr@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

7. Withdrawing from any Process
7.1 The Neutral will withdraw from the Process and cease to act as such in relation to the Dispute if theNeutral:• is requested to do so by one of the Parties, except where the Parties have agreed to a procedure
involving a binding decision by the Neutral to conclude the Process;• would be in breach of the Code if continuing to act as the Neutral; or• is required by one or more of the Parties to act or refrain from acting in a way which would be inmaterial breach of the Code or in breach of the law or the Neutral’s own professional regulatory rules(where applicable).
7.2 The Neutral may withdraw from the Process at the Neutral’s own discretion and after such consultation
with the Parties as the Neutral deems necessary and appropriate (and always subject to the Neutral’sobligations as to confidentiality) if:• any of the Parties is acting in material breach of the Process Agreement;• any of the Parties is acting in an unconscionable or criminal manner;• the Neutral decides that continuing the Process is unlikely to result in a settlement;• any of the Parties alleges that the Neutral is in material breach of the Code.

8. Complaints
The Neutral will respond to, and co-operate with, any complaints procedure initiated by a Party through
CEDR in relation to the Process in which the Neutral acted, including attending (without charging a fee orclaiming any expenses for attending) any meeting convened by CEDR as part of that complaints procedure.

Centre for Effective

T: +44 (0)20 7536 6060

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St Paul’s Churchyard

E: adr@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020