Ethics and deontology in mediation

We are moving forward in this profession towards quality justice, towards ensuring that those affected by a conflict take ownership of their decisions, towards construction of a reconstruction model.

That is why today I wonder about the need to do it from ethics and deontology, as the correct way to lay the foundations for this vital process.

Difference between ethics and deontology

Ethics is usually oriented towards the good, without regulations, to what should be from the personal conscience of the mediator. On the contrary, Deontology is oriented towards duty, obligatory compliance, respect, which is why it involves norms and codes., intended for professionals.

According to experts, deontology It is the science that studies the foundations of duty, that is, of moral norms, thus determining the norms of conduct and, usually, serving to define the criteria of action in a professional field, which is necessary for mediation, given that the Mediators come from different professions of origin.

Then the question is… Is there a deontology specific to the professions and, therefore, to mediation in particular?

Deontology in mediation

Professional deontology of the mediators must be a mediation self-regulation system as a profession and, therefore, in the field of negotiation between parties in which we cede the leading role to the mediators and given these circumstances, we must guarantee that they exercise them with a sense of responsibility and focusing them towards the defense, not of a particular interest. , but a general interest that is shared between the parties in conflict.

The deontology imposes obligations on mediators, in such a way that they must be perfectly accredited in their activity, trained in various techniques established by law and, therefore, be qualified to carry out the exercise of conflict management in its different spheres. 

Thanks to the existence of this deontology, the mediation professional develops what we would call work ethics, because thanks to it they will be able to generate trust and credibility with the media.

Importance of ethics and deontology in mediation

If we focus on the figure of the mediator and his ethics, we will then be talking about the values that we could summarize as follows:

1. The value of being consistent, with this we achieve honesty and commitment. There are 3 things you must put into practice: think, say and act coherently.
2. The commitment of the word Whatever we give, it has to be firm and clear in our work as a conflict manager.
3. Try to determine the limits, everything that goes against your personal and professional values. Omission is a very bad ally so that you do not regret it later.

Finally, before acting, think twice, before losing something so valuable: your honor. 

Deontological codes in mediation

However, technically, Ethics and professional deontology are closely related, since deontology is the part of ethics that coercively regulates, is mandatory in professional fields.

Due to this, the Codes of ethics, which cause limits to be placed on professional practice, under the circumstance of sanctioning infractions of an ethical nature.

The important thing is to be aware that it is the “entry into the world of mediation” of concepts of a philosophical nature, related to morality, customs or the duty of professional practice.

Let us therefore clarify our ethics and deontology as mediators.

The normative regulations

Law 5/2012, of July 6, of mediation in civil and commercial matters, which is included in its Title III:

«the minimum status of the mediator, with the determination of the requirements they must meet and the principles of their action. To guarantee impartiality, the circumstances that the mediator must communicate to the parties are explained, following the model of the European Code of Conduct for mediators. »  

Thus, the following article reveals our performance:

Article 13.- Action of the mediator.

1. The mediator will facilitate communication between the parties and will ensure that they have sufficient information and advice.
2. Will develop active behavior aimed at achieving rapprochement between the parties, with respect to the principles included in this Law.
3. You may waive the mediation, with the obligation to deliver a document to the parties stating their resignation.
4. You will not be able to start or must abandon the mediation when circumstances arise that affect their impartiality.

Before starting or continuing your task, The mediator must disclose any circumstances that may affect their impartiality or generate a conflict of interest. Such circumstances will include, in any case:

1. All types of personal relationships, contractual or business with one of the parties.
2. Any direct or indirect interest in the outcome of the mediation.
3. May the mediator, or a member of your company or organization, have previously acted in favor of one or more of the parties in any circumstance, with the exception of mediation.

Responsibility of mediators

 On the other hand, deontology is also related to our responsibility, thus, the responsibility of the mediators is included in article 14:

“The acceptance of mediation obliges the mediators to faithfully fulfill the assignment, incurring, if they do not do so, liability for the damages and losses they cause.. The injured party will have direct action against the mediator and, where appropriate, the corresponding mediation institution regardless of the reimbursement actions that assist it against the mediators.. The responsibility of the mediation institution will arise from the appointment of the mediator or from the failure to comply with the obligations incumbent upon it.”.

Mediation in civil and commercial matters

Finally, and independently of the regional regulations in Spain related to family mediation, which would be the subject of another publication and analysis, we have the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Official Journal European Union 136/2008, of May 24, 2008:

Art. 4.- Quality of mediation

1. Member States will encourage, in the way they deem appropriate, the development of voluntary codes of conduct and adherence of mediators and organizations that provide mediation services to said codes, as well as other effective quality control mechanisms related to the provision of mediation services.
2. Member States will promote initial training and continuous training of mediators to ensure that the mediation is carried out in an effective, impartial and competent manner in relation to the parties.

For all this, I can't think of anything else, that conclude that the professional ethics of a mediator It must be the basis of your intervention in the conflict management process you are dealing with.  

In each process, in each case, in each conflict, in each intervention We must make our professional ethics clear and get:

• –Ensure that mediators receive all the information necessary to decide at all times and thereby respects two great ethical standards: truthful information and voluntariness along the way
• –Your own competition and be aware that not every mediator is suitable for every mediation, but only for those who are considered qualified 
• –Maintain the confidentiality of the process and also obtain the reservation of the parties in accordance with the same
• –Respect your Impartiality in accordance with the parties involved, its objectivity according to the matter discussed and its neutrality according to the result achieved.
• –Ensure process quality and equality during the same of the parties and the autonomy in their decisions

Let us always remember that we do not advise, we do not do therapy, we do not guide. We just mediate.