Mediator's Code of Ethics and Professional Conduct

Preamble

The purpose of this Code of Ethics and Professional Conduct is to serve as a guide for Board mediators.  As well, it is intended to inform the mediating participants about a Board mediator’s professional responsibilities and, in general, to promote public confidence in mediation as a process for resolving disputes.

Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties.

Mediators of the Landlord and Tenant Board shall make every effort to ensure that participants in mediation are afforded the highest quality service which is prompt, flexible and reasonable.

A mediator will provide a means of dispute resolution which is neutral, fair to all participants, confidential, collaborative and which promotes empowerment of the participants.

In order to fulfill this mandate, a mediator subscribes to the following Code of Ethics and Professional Conduct and undertakes to abide by the terms set out here.

Mediator’s Role

A Board mediator’s role is to facilitate a voluntary resolution of a dispute in an impartial manner by:

• promoting good faith communication between the participants
• encouraging the participants to identify and convey their interests to each other
• assisting the participants to assess information presented
• informing the participants about their rights and responsibilities or referring the participants to specialized advice, where appropriate
• encouraging participants to consider settlement options thoroughly and ensuring that proposed terms of settlement do not impugn the integrity of the process
• ensuring potential or actual power imbalances among participants are addressed

Principle of Self-Determination

A Board mediator believes that it is of fundamental and primary importance to the dispute resolution process that the participants are empowered so as to enable them to negotiate their own voluntary, considered, uncoerced agreement.

A Board mediator shall conduct a mediation based on the principle of party self-determination. Self-determination is the act of coming to a voluntary decision in which each party makes a free and informed choice as to process and outcome.

Impartiality

A Board mediator will not allow personal or socio-economic biases to compromise the process.   A mediator shall conduct the mediation in an impartial and even-handed manner.  If a mediator cannot conduct a process that is free from favouritism, bias or prejudice, then they will withdraw.

A mediator shall avoid conduct that gives the appearance of partiality toward any of the participants.

A mediator shall not provide advice to any participant.  Where appropriate, a mediator will recommend that participants seek independent advice.  Any information provided by a mediator in mediation shall be presented in a fair and impartial manner.

Conflict of Interest

A Board mediator shall disclose any actual or perceived conflict of interest as soon as they become aware of it and will withdraw unless the participants consent to the mediator continuing.

A mediator shall not act in a manner which would raise legitimate questions about the integrity of the mediator or the mediation process.

Confidentiality

A Board mediator shall not disclose information provided by a participant in confidence or obtained through the mediation process, either meeting together or separately, except with the express consent of that participant or where law or public policy requires.

A mediator shall ensure his or her mediation notes and documents are properly stored during mediation and disposed of after mediation.

Confidentiality shall not be construed to limit effective reporting for monitoring, training and evaluating with respect to the mediation program.

Quality of the Process

A Board mediator shall conduct a mediation in accordance with this Code of Ethics and Professional Conduct and in a manner that promotes diligence, timeliness, safety, party participation and mutual respect among the participants.

A mediator shall ensure that the participants are fully informed about the purpose of mediation, the nature of the process and the alternatives to mediation.

A mediator shall demonstrate a high level of professionalism in a manner that will withstand public scrutiny.
 
A mediator shall terminate mediation if:

• a participant requests that the process be terminated
• a participant is using the process inappropriately or not in good faith
• in the mediator’s opinion the mediation is counter-productive or it is unlikely to settle after best efforts have been made
• proposals for settlement undermine the participants’ or the public’s trust in the process of mediation or the Board
• a settlement is unlikely to take place within a reasonable amount of time

A mediator will exercise good judgment in using efficient and effective case management practices.

A mediator is committed to and assumes responsibility for providing a level of service to participants that is of high professional standards.
A Board mediator and the Board recognize that there is a joint responsibility and duty to improve the practice of mediation and improve the mediator’s professional skills and abilities through lifelong learning, self-evaluation, critical analysis and adherence to established standards and accepted principles.