Published in Wolters Kluwer, International Mediation, The Comparative Law Yearbook of International Business – Special Issue, 2020, p. 85 ff.: “Codes of Conduct and Ethical Guidelines – A Comparative Analysis”
(Marie-Agnes Arlt | arlt.solutions, a2o legal & Anne-Karin Grill | Vavrovsky Heine Marth Attorneys-at-Law & Amelie Huber-Starlinger | Northcote.Recht)
Mediators’ codes of conduct and ethical guidelines are an important point of reference for both mediators and the users of mediation services. They define, in a transparent, accessible, and understandable manner, the most important principles that apply to mediation proceedings. By referring to codes of conduct and ethical guidelines, all parties involved may quickly form a common understanding of the minimum standards that constitute the basis of the proceedings.
The present article seeks to confirm the proposition that — while disposing of a varying degree of self-regulatory depth and detail — mediators’ codes of conduct and ethical guidelines commonly promote quasi-universal principles when it comes to the “state-of-the-art” application of this tool of consensual dispute resolution. […]