No. 37883 GOVERNMENT GAZETTE, 1 AUGUST 2014
1. Mediator ethics
Every Mediator must -
1.1 Act with honesty, impartiality, due diligence and independence;
1.2 Conduct himself or herself in a manner that is fair to all parties and must not be
swayed by fear, favour or by self-interest;
1.3 Not tout for a mediation assignment and thereby undermine the mediation
process;
1.4 Accept a mediation assignment only if available to conduct the mediation
promptly and competently;
1.5 Avoid entering into any financial, business or social relationship, which is likely to
compromise their impartiality, or which might reasonably create a perception of
partiality or bias; and
1.6 Not assert influence on any person involved in the court-annexed mediation
processes by any improper means whatsoever, including the receipt of gifts or
other inducements.
2. Fees
Every mediator must refrain from soliciting or negotiating any private
arrangement relating to fees and must abide by the fee structure determined by
the Minister.
3. Duty to disclose conflict of interest
3.1 Every mediator must disclose at any stage any interest or relationship that is
likely to affect his or her impartiality or which might create a perception of
partiality including:
(a) Any direct financial or personal interest in the matter; and
(b) Any existing or past financial, business, professional, family or social
relationship which is likely to compromise impartiality.
3.2 After disclosure the mediator may continue to mediate a matter if both parties
agree: Provided that the mediator must withdraw if the conflict of interest may
unduly influence the mediation process.
4. Mediator's conduct and obligations during mediation proceedings
4.1 Every mediator must respect freedom of conscience, belief and expression and
must avoid and dissociate himself or herself from comments or conduct that is
racist, sexist or otherwise inconsistent with the Bill of Rights in the Constitution.
4.2 Every mediator must conduct proceedings fairly, diligently and in a fair manner.
4.3 A mediator must ensure that the parties and their representatives act in
accordance with commonly accepted decorum.
4.4 A mediator must be patient and courteous to legal practitioners, parties and the
public, must act courteously and respect the dignity of others.
4.5 Every mediator must respect the right to equality before the law and the right of
equal protection and benefit of the law.
4.6 Every mediator must observe religious, gender and cultural rights.
4.7 Every mediator must be punctual for a mediation session and keep to time limits,
if any, set by the parties.
4.8 Every mediator must be impartial and must not make any decisions or findings of
law or fact or determine the credibility of any person participating in the
mediation.
4.9 A mediator must inform the parties that all discussions and disclosures, whether
oral or written, made during the mediation session are confidential and
inadmissible as evidence in any court, save for those that are included in a
settlement agreement or are otherwise discoverable in terms of the rules of court
or ordered by a court.
4.10 Every mediator must at the beginning of the proceedings ensure that he or she
understands the positions, needs, and expectations of the parties involved in a
dispute.
4.11 A mediator must understand the issues pertaining to the dispute before
endeavoring to assist the parties with the settlement of that dispute.
4.12 Every mediator must prepare for mediation by inter alia understanding the issues
in dispute beforehand and perusing all documentation pertaining to the matter.
4.13 A mediator must decline an assignment to mediation or withdraw or request
technical assistance if he or she considers that a matter is beyond his or her
competence or expertise.
4.14 A mediator must not hold undisclosed discussions with any party or his or her
representative without the consent of the other party: Provided that the mediator
may in the interest of resolving the dispute holds discussions with the parties
separately.
4.15 Every mediator should be patient and courteous to the parties and their
representatives;
4.16 A mediator must not permit parties or their representatives to record proceedings
mechanically or electronically.
4.17 A mediator cannot delegate his or her duty to any other person without informing
the mediation clerk/registrar, and obtaining the consent of the parties.
4.18 A mediator must conduct mediation in such a manner so as to avoid an
escalation of costs for the parties.
4.19 A mediator must avoid unnecessary postponements, point-taking, and undue
formality.
4.20 A mediator must not exert undue influence in order to promote a settlement or to
obtain a concession from any party.
4.21 Every mediator must upon resignation, or discharge from service or the expiry of
an appointment, complete all part-heard mediations as soon as possible, unless
directed otherwise by a court or the parties
No. 37883 GOVERNMENT GAZETTE, 1 AUGUST 2014
1. Mediator ethics
Every Mediator must -
1.1 Act with honesty, impartiality, due diligence and
independence;
1.2 Conduct himself or herself in a manner that is fair to all
parties and must not be
swayed by fear, favour or by self-interest;
1.3 Not tout for a mediation assignment and thereby undermine
the mediation
process;
1.4 Accept a mediation assignment only if available to conduct
the mediation
promptly and competently;
1.5 Avoid entering into any financial, business or social
relationship, which is likely to
compromise their impartiality, or which might reasonably create a
perception of
partiality or bias; and
1.6 Not assert influence on any person involved in the court-
annexed mediation
processes by any improper means whatsoever, including the
receipt of gifts or
other inducements.
2. Fees
Every mediator must refrain from soliciting or negotiating any
private
arrangement relating to fees and must abide by the fee structure
determined by
the Minister.
3. Duty to disclose conflict of interest
3.1 Every mediator must disclose at any stage any interest or
relationship that is
likely to affect his or her impartiality or which might create a
perception of
partiality including:
(a) Any direct financial or personal interest in the matter; and
(b) Any existing or past financial, business, professional, family or
social
relationship which is likely to compromise impartiality.
3.2 After disclosure the mediator may continue to mediate a
matter if both parties
agree: Provided that the mediator must withdraw if the conflict of
interest may
unduly influence the mediation process.
4. Mediator's conduct and obligations during mediation
proceedings
4.1 Every mediator must respect freedom of conscience, belief
and expression and
must avoid and dissociate himself or herself from comments or
conduct that is
racist, sexist or otherwise inconsistent with the Bill of Rights in the
Constitution.
4.2 Every mediator must conduct proceedings fairly, diligently and
in a fair manner.
4.3 A mediator must ensure that the parties and their
representatives act in
accordance with commonly accepted decorum.
4.4 A mediator must be patient and courteous to legal
practitioners, parties and the
public, must act courteously and respect the dignity of others.
4.5 Every mediator must respect the right to equality before the
law and the right of
equal protection and benefit of the law.
4.6 Every mediator must observe religious, gender and cultural
rights.
4.7 Every mediator must be punctual for a mediation session and
keep to time limits,
if any, set by the parties.
4.8 Every mediator must be impartial and must not make any
decisions or findings of
law or fact or determine the credibility of any person participating
in the
mediation.
4.9 A mediator must inform the parties that all discussions and
disclosures, whether
oral or written, made during the mediation session are
confidential and
inadmissible as evidence in any court, save for those that are
included in a
settlement agreement or are otherwise discoverable in terms of
the rules of court
or ordered by a court.
4.10 Every mediator must at the beginning of the proceedings
ensure that he or she
understands the positions, needs, and expectations of the parties
involved in a
dispute.
4.11 A mediator must understand the issues pertaining to the
dispute before
endeavoring to assist the parties with the settlement of that
dispute.
4.12 Every mediator must prepare for mediation by inter alia
understanding the issues
in dispute beforehand and perusing all documentation pertaining
to the matter.
4.13 A mediator must decline an assignment to mediation or
withdraw or request
technical assistance if he or she considers that a matter is beyond
his or her
competence or expertise.
4.14 A mediator must not hold undisclosed discussions with any
party or his or her
representative without the consent of the other party: Provided
that the mediator
may in the interest of resolving the dispute holds discussions with
the parties
separately.
4.15 Every mediator should be patient and courteous to the
parties and their
representatives;
4.16 A mediator must not permit parties or their representatives
to record proceedings
mechanically or electronically.
4.17 A mediator cannot delegate his or her duty to any other
person without informing
the mediation clerk/registrar, and obtaining the consent of the
parties.
4.18 A mediator must conduct mediation in such a manner so as
to avoid an
escalation of costs for the parties.
4.19 A mediator must avoid unnecessary postponements, point-
taking, and undue
formality.
4.20 A mediator must not exert undue influence in order to
promote a settlement or to
obtain a concession from any party.
4.21 Every mediator must upon resignation, or discharge from
service or the expiry of
an appointment, complete all part-heard mediations as soon as
possible, unless
directed otherwise by a court or the parties
independence;
1.2 Conduct himself or herself in a manner that is fair to all
parties and must not be
swayed by fear, favour or by self-interest;
1.3 Not tout for a mediation assignment and thereby undermine
the mediation
process;
1.4 Accept a mediation assignment only if available to conduct
the mediation
promptly and competently;
1.5 Avoid entering into any financial, business or social
relationship, which is likely to
compromise their impartiality, or which might reasonably create a
perception of
partiality or bias; and
1.6 Not assert influence on any person involved in the court-
annexed mediation
processes by any improper means whatsoever, including the
receipt of gifts or
other inducements.
2. Fees
Every mediator must refrain from soliciting or negotiating any
private
arrangement relating to fees and must abide by the fee structure
determined by
the Minister.
3. Duty to disclose conflict of interest
3.1 Every mediator must disclose at any stage any interest or
relationship that is
likely to affect his or her impartiality or which might create a
perception of
partiality including:
(a) Any direct financial or personal interest in the matter; and
(b) Any existing or past financial, business, professional, family or
social
relationship which is likely to compromise impartiality.
3.2 After disclosure the mediator may continue to mediate a
matter if both parties
agree: Provided that the mediator must withdraw if the conflict of
interest may
unduly influence the mediation process.
4. Mediator's conduct and obligations during mediation
proceedings
4.1 Every mediator must respect freedom of conscience, belief
and expression and
must avoid and dissociate himself or herself from comments or
conduct that is
racist, sexist or otherwise inconsistent with the Bill of Rights in the
Constitution.
4.2 Every mediator must conduct proceedings fairly, diligently and
in a fair manner.
4.3 A mediator must ensure that the parties and their
representatives act in
accordance with commonly accepted decorum.
4.4 A mediator must be patient and courteous to legal
practitioners, parties and the
public, must act courteously and respect the dignity of others.
4.5 Every mediator must respect the right to equality before the
law and the right of
equal protection and benefit of the law.
4.6 Every mediator must observe religious, gender and cultural
rights.
4.7 Every mediator must be punctual for a mediation session and
keep to time limits,
if any, set by the parties.
4.8 Every mediator must be impartial and must not make any
decisions or findings of
law or fact or determine the credibility of any person participating
in the
mediation.
4.9 A mediator must inform the parties that all discussions and
disclosures, whether
oral or written, made during the mediation session are
confidential and
inadmissible as evidence in any court, save for those that are
included in a
settlement agreement or are otherwise discoverable in terms of
the rules of court
or ordered by a court.
4.10 Every mediator must at the beginning of the proceedings
ensure that he or she
understands the positions, needs, and expectations of the parties
involved in a
dispute.
4.11 A mediator must understand the issues pertaining to the
dispute before
endeavoring to assist the parties with the settlement of that
dispute.
4.12 Every mediator must prepare for mediation by inter alia
understanding the issues
in dispute beforehand and perusing all documentation pertaining
to the matter.
4.13 A mediator must decline an assignment to mediation or
withdraw or request
technical assistance if he or she considers that a matter is beyond
his or her
competence or expertise.
4.14 A mediator must not hold undisclosed discussions with any
party or his or her
representative without the consent of the other party: Provided
that the mediator
may in the interest of resolving the dispute holds discussions with
the parties
separately.
4.15 Every mediator should be patient and courteous to the
parties and their
representatives;
4.16 A mediator must not permit parties or their representatives
to record proceedings
mechanically or electronically.
4.17 A mediator cannot delegate his or her duty to any other
person without informing
the mediation clerk/registrar, and obtaining the consent of the
parties.
4.18 A mediator must conduct mediation in such a manner so as
to avoid an
escalation of costs for the parties.
4.19 A mediator must avoid unnecessary postponements, point-
taking, and undue
formality.
4.20 A mediator must not exert undue influence in order to
promote a settlement or to
obtain a concession from any party.
4.21 Every mediator must upon resignation, or discharge from
service or the expiry of
an appointment, complete all part-heard mediations as soon as
possible, unless
directed otherwise by a court or the parties