It is strongly recommended that a written agreement to mediate be entered into by the parties and the mediator prior to commencement of the process. The mediator should explain the fees for mediation and reach an agreement with the parties regarding payment. The mediator should inform the parties that they have the right at any time to obtain and may need to obtain independent legal or other professional advice during the mediation process. The mediator should also raise the matters referred to in 6.5 and 6.6 below. The mediator shall maintain impartiality towards all participants at all times during the mediation process.
Impartiality means freedom from favouritism or bias in word or action.
The mediator shall not play an adversarial role and shall maintain a commitment to aid all participants, as opposed to a single individual, in reaching a mutually satisfactory agreement. If after full disclosure, all parties to the mediation agree, the mediator may proceed. The mediator shall disclose any circumstances to the participants which may cause or have any tendency to cause a conflict of interest. In particular a mediator who is a partner or an associate of any legal counsel retained by either of the parties should not act as mediator without the fully informed consent of all the parties. The mediator shall not voluntarily disclose information obtained during the mediation process without the prior consent of both parties.