I.
Ethical Standards and Recourse Mechanisms
A. Code of Ethics and Ethical Rules
1. The Mediator will ensure that all parties are informed about the
mediator/mediator-arbitrator’s role, the procedures to be followed, and the
rules of conduct.
During the opening statement, it is a must for the Mediator to explain in detail the
mediation process, the roles of the Mediator and the parties, and the rules of
conduct. The parties should be able to understand that each of them will have an
opportunity to talk and hear out each other, and to make the interests of both parties
meet to come up with a win-win solution. If the Mediator finds that (1) the parties
are not acting in good faith, (2) if the agreements are illegal or involve the
commission of a crime, (3) continuing the process will result to an appearance of
impropriety, (4) continuing the process would cause harm to a non-participating
person or the public, or (5) continuing the discussions would not be in the best
interest of the parties or the process, the Mediator may cease the process. It must
be understood by the parties that if no agreement is reached, the Mediator may
refer the case to a different process.
The mediator should also explain to the parties that mediation-arbitration is also an
option. This process must be clearly explained and understood by the parties.
2. The Mediator shall maintain impartiality.
A mediator must remain impartial throughout the mediation process. A mediator
should avoid any potential for bias based on the parties’ backgrounds, attributes, or
conduct of the session. Should the mediator have pre-existing knowledge of the
dispute or opinion he/she should strongly consider whether it is appropriate for
him/her to handle the dispute.
The mediator should, at all times, strive to provide a fair process in which each party
is given adequate time and opportunity to participate and be heard.
The mediator may not in any case accept items of value, including gifts or payments
for meals and travel, from one party or counsel to a mediation during or after a
mediation particularly if the items cast doubt on the integrity of the mediator and the
process.
At any point in the process, if the mediator finds that he/she is incapable of
maintaining impartiality, he/she should withdraw immediately.
3. The Mediator shall maintain confidentiality.
During and after the process, the Mediator must keep in confidence all confidential
information disclosed and obtained during the mediation/med-arbitration process.
This must also be emphasized at the beginning of the mediation/mediationarbitration. At the end of the process, all notes must be destroyed.
The mediator cannot disclose confidential information without the express
permission of all parties or unless required by law or a legal authority.
4. The Mediator must be competent to manage the process.
The Mediator must meet the Qualification Standards before mediating a dispute.
He/she must have sufficient knowledge of the process and must take a personal
responsibility to prepare for each mediation session.
5. The Mediator must not hold back from making suggestions or giving advice.
The mediator is a neutral party who is meant to facilitate the parties in conflict come
up with a solution to their dispute. The mediator merely facilitates not decide or
advice. The Mediator must avoid giving suggestions or advice to show trust that the
parties know better; to prevent parties from feeling incapable of making a decision;
to prevent parties from not taking responsibility; to give parties more stake on the
solution; to prevent parties from feeling uncomfortable; and to protect the mediator
from taking blame.
6. The Mediator must be in control of the process.
The Mediator must ensure that the parties feel safe during the entire process. The
mediator must ensure, at the beginning of the mediation, to establish the ground
rules that will foster a process of mutual respect. The Mediator must keep control of
the process at all times.
B. Recourse Mechanism
1. Change of Neutral Before Mediation Begins
At the beginning, The CoRe Group will recommend a mediator depending on the
complexity of the complaint, experience required and nature of the dispute.
However, the parties have the freedom to select their mediator should they prefer
another neutral person to handle their dispute. The parties may choose from The
CoRe Group’s roster of mediators. All (both) parties must agree to the chosen
neutral person.
1) One or both parties must submit a ‘Request for Change of Neutral’ seven (7)
days from receiving the ‘Notice for Mediation’ from the mediator or The
CoRe Group.
2) Within seven (7) days from receiving the ‘Request for Change of Neutral’,
The CoRe Group will provide the party(ies) with a list of recommended
neutrals from which the party(ies) may choose from.
3) If after fifteen (15) working days from receiving the list of neutrals, the parties
fail to agree on the mediator/mediator-arbitrator, The CoRe Group will
nominate a mediator that is most suitable to handle the dispute.
2. Change of Neutral in the Middle of Mediation
At any time during the mediation, one party or both may request a replacement of
the mediator due to the following:

The neutral does not have the qualifications, training and experience to meet
the expectations of the parties;

The neutral is violating ethical standards;

The neutral’s impartiality is in question;

The neutral is unable to provide effective services; or

There is conflict of interest.
In this case, The CoRe Group will assign a new mediator within ten (10) days from
receiving the request. Steps 1) to 3) described in Section B.1 above will apply.