NGO " INTERNATIONAL HUMAN RIGHTS CENTER "
Developed by MPC mediators,
Approved by the President of the IPC Zhakupov Zh.A.
Adopted at the General Meeting of Mediators of the IPC
March 30, 2012
K O D E K S
Professional Ethics Plectrum
This Code defines the moral and ethical standards of the Center's activities mediators mediation NGO " International Human Rights Center ".
Article 1
The purpose of this Code is to facilitate the implementation and development of the mediation institution in the Republic of Kazakhstan, to inform the public about mediation as an alternative dispute resolution procedure.
Section 2
The objectives of this Code are: to determine the basic ethical and moral norms and principles of mediators, create conditions for dialogue between the disputing parties, clarify the problems and controversial issues, state and agree on different opinions, identify interests, propose, discuss and evaluate ways out of this situation.
Section 3
Mediators have a document (certificate) confirming the passage of training in the training program for mediators, who are in the register of professional mediators Mediation Center NGO " International Human Rights Center ", must comply with this Code.
Section 4
A professional mediator is on a voluntary basis in the register of professional mediators Mediation Center NGO " International Human Rights Center ".
Section 5
The mediator is guided by the code of ethics and deontology mediators, adopted by the General Assembly, the international instruments ratified by the Republic of Kazakhstan, the Constitution of the Republic of Kazakhstan Law " On mediation ", the legislation of the Republic of Kazakhstan, this Code.
Section 6
The mediator’s activity is based on the principles of voluntariness, equality of the parties to mediation, independence and impartiality, inadmissibility of interference in the mediation procedure, confidentiality.
Before starting the procedure, the mediator needs to inform the parties and other participants about the mediation procedure so that they understand its essence and features, the role of the mediator and their own role in the mediation procedure.
The mediator explains to the parties and other participants in the mediation procedure the nature and meaning of his actions, answers any questions that arise regarding the mediation procedure during its preparation and during its conduct.
The mediator takes a neutral position and seeks to prevent a biased and biased attitude towards any of the parties, facilitates the adoption by the parties of informed decisions based on awareness during the mediation procedure.
Section 7
The mediator conducts mediation in the interests of both parties, respecting the dignity of everyone, avoiding discrimination, and ensures the parties equal participation in mediation. The mediator proceeds from the fact that each of the participants is right from its own subjective point of view.
The mediator is not entitled to disclose information that became known to him during the mediation, without the written permission of the parties to mediation. The mediator, having received information from one of the parties in the mediation procedure as part of a separate (individual) meeting, can inform the other party only with the consent or at the request of the party that provided the information.
Section 8
The decision on the results of mediation is made by the parties themselves. This decision is set forth in a written agreement of the parties and is signed only by the parties. The mediator does not exert pressure on the parties when making a decision, does not sign the agreement of the parties.
Section 9
When conducting mediation, the mediator is independent, does not seek support from the authorities.
The mediator does not allow interference in his activity by state bodies, other legal, official and physical persons, in whatever form it is expressed,
A mediator may not be questioned as a witness about information that became known to him during mediation, with the exception of cases provided for by the laws of the Republic of Kazakhstan.
Section 10
During the mediation procedure, the mediator has the right to remuneration, reimbursement of expenses incurred in connection with the mediation (expenses for paying for travel to the place of the dispute, accommodation, meals and others). The amount of remuneration of a professional mediator (mediators) is determined by agreement of the parties with a mediator (mediators) before mediation begins.
Section 11
The parties are entitled to request the replacement of one mediator by another mediator, while the parties are not exempted from financial obligations in relation to the mediator, who began the mediation process. The mediator, who continued the mediation process, begins the mediation process from the very beginning. He has the right to remuneration and reimbursement of expenses incurred in connection with the mediation provided for in Article 7 of this Code.
Section 12
The mediator must demonstrate respect for different points of view, learn from his fellow mediators and collaborate with other mediators to improve their skills.
Section 13
In the presence of circumstances that impede the impartiality of the mediator, he must, without explaining the reasons to the parties, refuse to conduct mediation. In this case, the mediator returns to the parties the money paid to him.
Any of the parties to the conflict (dispute) has the right to terminate its participation in mediation without explaining the reasons. A party that interrupted its participation in mediation is not entitled to demand a refund of the money paid.
Section 14
The mediator needs to constantly improve his knowledge, skills, in particular, to participate in educational programs for professional retraining, advanced training, educational programs (trainings, seminars, courses, etc.).
The mediator should contribute to the training of new professionals in the field of mediation, conduct outreach on the advantages and effectiveness of the mediation institution.
Section 15
In case of violation by the mediator of the requirements of the Law of the Republic of Kazakhstan “ On Mediation ” and this Code, the Mediation Center at the Public Organization “ International Human Rights Center ” suspends the activity of the mediator, indicating this in the register of professional mediators for up to six months.
Section 16
The mediator is responsible for conducting the mediation procedure, following the principles of the procedure, ensuring safety for the parties.