QUALITY ASSURANCE

M4c Quality Assurance

Mediation 4 Construction ("M4C") and the mediators who are appointed by M4C (“M4C Mediators”) adopt a Code of Conduct as follows:

1. Code of conduct

This code of conduct sets out a number of principles to which the M4C Administration team and mediators that appear on the M4C panel respect.

Adherence to the code is without prejudice to national legislation or rules regulating individual professions.

M4C have developed this code as more comprehensive than the European Code of Conduct for Mediators in recognition of the type of mediation service offered by M4C. 

This code compliments the M4C Contract for the Appointment of a Mediator and M4C Mediation Agreement (“the Terms”). Where there is any discrepancy between this code and the Terms the Terms prevail.

1. COMPETENCE AND APPOINTMENT OF MEDIATORS

1.1. Competence

Mediators shall be competent and knowledgeable in the process of mediation. Relevant factors shall include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.

1.2. Appointment

M4C’s Administration team will confer with the parties regarding suitable dates on which the mediation may take place. The mediator’s background and competence to conduct the mediation is set out on their profiles on the M4C website, but upon request (and always preserving confidentiality) the mediator will disclose further information concerning his or her background and experience to the parties.

1.3. Advertising / promotion of the mediator’s services

Mediators may promote their practice in a professional, truthful and dignified way.

2. INDEPENDENCE AND IMPARTIALITY

2.1. Independence and neutrality

M4C’s founder is Christopher Reeves. Except in the case of Mr Reeves, all mediators that appear on the M4C Mediator Panel and/or are appointed as an M4C mediator are independent of M4C and are not agents or employees of M4C.

All mediators who appear on the M4C Mediator Panel and/or are appointed as M4C mediators are independent of each other.

The mediator must not act, or, having started to do so, continue to act, before having disclosed (although always preserving confidentiality) any circumstances that may, or may be seen to, affect his or her independence or give rise to an actual or apparent conflict of interest. The duty to disclose matters relating to independence or conflict of interest is a continuing obligation throughout the process.

Such circumstances shall include:

  • any personal or business relationship with one of the parties, or

  • any financial or other interest, direct or indirect, in the outcome of the mediation, or

  • the mediator, or a member of his or her firm, having acted in any capacity other than mediator for one of the parties. 

For the avoidance of doubt:

  • A firm does not include a barristers’ chambers and M4C mediators who are barristers will not disclose where another member of their chambers (whether past, present or future) has acted or does act in any capacity for any party.
  • Mediators appointed as M4C mediators are independent of each other and will not disclose any association or involvement of any kind in any dispute by another M4C mediator or their firm, chambers or place of business.

Where the mediator makes a disclosure, the mediator may only accept or continue the mediation provided that he or she is certain of being able to carry out the mediation with full independence and neutrality in order to guarantee full impartiality and that the parties consent.

Further details on M4C’s terms about conflicts are contained in the M4C Contract for the Appointment of a Mediator.

2.2. Impartiality

The mediator shall at all times act, and endeavour to be seen to act, with impartiality towards the parties.

3. THE MEDIATION AGREEMENT, PROCESS, SETTLEMENT AND FEES

3.1. Procedure - Administration

M4C and the mediator shall ensure that, prior to commencement of the mediation, the parties have expressly agreed on the terms of the M4C Mediation Agreement, including in particular any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.

The M4C administration team will arrange with the parties for payment of the mediation fees and any applicable expenses in accordance with the terms of the M4C Contract for the Appointment of a Mediator.

3.2. Procedure – Mediator

The mediator shall satisfy him or herself that the parties to the mediation understand the characteristics of the mediation process and the role of the mediator and the parties in it.

The mediator shall conduct the mediation in an appropriate manner, taking into account the circumstances of the case, including possible power imbalances and the rule of law, any wishes the parties may express and the need for a prompt settlement of the dispute. The parties shall be free to agree with the mediator, by reference to a set of rules or otherwise, on the manner in which the mediation is to be conducted.

The mediator, if he or she deems it useful, may meet and speak to the parties or their representatives separately.

3.3. Fairness of the process

The mediator shall ensure that all parties have adequate opportunity to be involved in the process.

As set out further in the M4C Mediation Agreement, the mediator may terminate the mediation and the parties may withdraw from the mediation.

3.4. The end of the process

As set out further in the M4C Mediation Agreement, the mediator may terminate the mediation and the parties may withdraw from the mediation.

3.5. Fees

The mediator’s fees will be dealt with and supplied by M4C’s Administration Team and set out in the M4C Contract of Appointment for a Mediator, which the mediator, M4C and the parties will each agree before the mediator’s appointment is confirmed.

4. CONFIDENTIALITY

As set out further in the M4C Mediation Agreement, the mediator, and the parties, are bound by confidentiality.

Any information disclosed in confidence to mediators by one of the parties shall not be disclosed to the other parties without permission or unless compelled by law.

5. M4C VALUEs

M4C is committed to raising the awareness of the benefits of mediation.

M4C is also committed to the support of education and training of users of mediation.

Mediators that appear on the M4C panel support and promote these M4C values.

6. INSURANCE

Mediators that appear on the M4C panel shall warrant that they shall maintain and continue to maintain Professional Indemnity cover up to a minimum limit of £1,000,000 for all work undertaken on M4C originated mediation appointments and shall provide evidence of cover when requested by M4C.

M4C maintains separate Professional Indemnity cover up to a limit of £2,000,000.

2. Service Guarantee

Our mediators are experienced and well-respected construction lawyers. Our administration team have been drawn from the construction sector too and, with the benefit of our active case management system, you are assured of a professional service.

We have 
  • a careful selection process of our mediators based on their reputation, expertise and experience
  • a Code of Conduct 
  • a Policy of Continuing Professional Development
  • an Equality and Diversity Policy
  • a Complaints Procedure
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