DDR Mediators must-

1.1         Act with honesty, impartiality, due diligence and independence;

1.2         Conduct themselves in a manner that is fair to all parties and must not be swayed by fear, favour or self-interest;

1.3         Not tout for a mediation assignment and thereby undermine the mediation process;

1.4         Not accept a mediation appointment unless they are available to conduct the mediation promptly and competently;

1.5         Avoid entering into any financial, business or social relationship, which is likely to compromise their impartiality, or which might reasonably create a perception of partiality or bias;

1.6         Not assert influence on any person involved in the mediation processes by any improper means whatsoever, including the receipt of gifts or other inducements;

1.7         Refrain from soliciting or negotiating any private arrangement relating to fees and must abide by the fee structure determined by DDR.

2.1         DDR Mediators must disclose any interest or relationship that is likely to affect their impartiality, or which might create a perception of partiality including-

(a) Any direct financial or personal interest in the matter; AND
(b) Any existing or past financial, business, professional, family or social relationship which is likely to compromise impartiality.

2.2         After disclosure the Mediator may continue to mediate a matter if both parties agree: Provided that the Mediator must withdraw if the conflict of interest may unduly influence the mediation process.

3.1         DDR Mediators must respect freedom of conscience, belief and expression and must avoid and dissociate themselves from comments or conduct that is racist, sexist or otherwise inconsistent with the Bill of Rights in the Constitution.

3.2         DDR Mediators must respect the right to equality before the law and the right of equal protection and benefit of the law.

3.3         DDR Mediators must observe religious, gender and cultural rights.

3.4         DDR Mediators must conduct mediation fairly and diligently.

3.5         DDR Mediators must ensure that the parties and their representatives act in accordance with commonly accepted decorum.

3.6         DDR Mediators must be patient and courteous to legal practitioners, parties and the public and must respect the dignity of others.

3.7         DDR Mediators must be punctual for a mediation session and keep to time limits, if any, set by DDR.

3.8         DDR Mediators must be impartial and must not make any decisions or findings of law or fact or determine the credibility of any person participating in the mediation.

3.9         DDR Mediators must inform the parties that all discussions and disclosures, whether oral or written, made during the mediation session are confidential and inadmissible as evidence in any court, save for those that are included in a settlement agreement or are otherwise discoverable in terms of the rules of court or ordered by a court.

3.10     DDR Mediators must prepare for mediation by inter alia understanding the issues in dispute beforehand and perusing all documentation pertaining to the matter.

3.11     DDR Mediators must, at the beginning of the mediation ensure that they understand the positions, needs, and expectations of the parties involved in a dispute.

3.12     DDR Mediators must decline an appointment to mediate or must withdraw or request technical assistance they consider that a matter is beyond their competence or expertise.

3.13     DDR Mediators must not hold undisclosed discussions with any party or their representative without the consent of the other party: Provided that the mediator may in the interest of resolving the dispute or to protect one or both of the parties from potential domestic violence hold discussions with the parties separately.

3.14     DDR Mediators must not permit parties or their representatives to record proceedings mechanically or electronically.

3.15     DDR Mediators must not delegate their duty to any other person without informing the DDR Centre Manager and obtaining the consent of the parties.

3.16     DDR Mediators must conduct mediation expeditiously and in such a manner so as to avoid an escalation of costs for the parties.

3.17     DDR Mediators must discourage unnecessary postponements, point-taking and undue formality.

3.18     DDR Mediators must not exert undue influence in order to promote a settlement or to obtain a concession from any party.

3.19     DDR Mediators must upon resignation, or the expiry of an appointment complete all part heard mediations as soon as possible, unless directed otherwise by the parties.

3.20     DDR Mediators may NOT at any time give the parties any legal advice. They may provide the parties with legal information, provided they are sure such information is correct. Should they be unsure, they will obtain advice for an expert on the subject matter.

3.21     DDR Mediators must not accept mediations that are outside of their area of expertise. If the appointed mediator is of the view that additional expertise is required, for example in cases involving domestic violence or complex legal issues, the mediator must discuss this with the parties and either recuse themselves or appoint a co-mediator with the consent of the parties.

4.1         Procedure
4.1.1   The Mediator must satisfy him/herself that the parties to the mediation and their advisers understand the characteristics of the mediation process, their roles as parties and advisers, and the role of the mediator.

4.1.2   The Mediator must ensure that before the mediation begins, the parties have understood and agreed the terms and conditions which will govern the mediation, including those relating to obligations of confidentiality on the mediator and on the parties, and that all parties attending the mediation, including legal representatives where relevant, have signed the DDR Agreement to Mediate.

4.2         Fairness and Integrity of the process
4.2.1   The Mediator must ensure that, if there are to be any pre-mediation private communications with the Mediator, all parties are aware they will have equal opportunity to raise issues.

4.2.2   The Mediator must explain the mediation process to the parties and their advisers and be satisfied that they consent to the process being used and to the mediator selected (unless applicable law, court rules, contract or court directive require use of a particular process and/or mediator).

4.2.3   The Mediator must conduct the process with fairness to all parties and must take particular care to ensure that all parties have adequate opportunities to be heard, to be involved in the process and to have the opportunity to seek and obtain legal or other counsel before finalising any resolution.

4.2.4   The Mediator must take reasonable steps to prevent any misconduct that might invalidate an agreement reached at mediation or create or aggravate a hostile environment. The Mediator must also be satisfied that the parties have reached agreement of their own volition and knowingly consent to any resolution.

4.3         Termination of the process
4.3.1   The Mediator must ensure the parties understand that they may withdraw from the mediation at any time by informing the mediator and all other parties without being required to give any justification for doing so.

4.3.2   The Mediator must withdraw from a mediation if a negotiation among the parties assumes a character that to the Mediator appears unconscionable or illegal.

4.4         Feedback
Parties engaged in a mediation must be informed that they are welcome to provide feedback or complaints regarding the mediator’s conduct to DDR under whose auspices the mediation took place, in order to assist in the continued evaluation of professional conduct.

4.5         Fees
Parties to a mediation must, prior to the start of the mediation, be aware of how the fees and expenses for the mediation will be calculated, and if shared between the parties, in what proportions.

Mediators may accept an appointment to act as mediator in any situation where they feel competent to serve in that capacity.

• financial or personal interests in the outcome of the mediation;
• existing past or future financial, business or professional relationship with any of the parties or their representatives about which the Mediator is aware;
• other potential sources of bias or prejudice concerning a person or institution which may affect that Mediator’s independence or impartiality or reasonably create an appearance of partiality or bias.

7.1         The Mediator must discuss confidentiality with the parties before or at the beginning of the mediation and obtain their consent to any communication or practice by the Mediator that involves the disclosure of confidential information.

7.2         The Mediator must inform all parties about the limits of confidentiality at the beginning of the mediation.

7.3         The Mediator must maintain strict confidentiality regarding all information disclosed during the mediation process, unless:

• compelled to make a disclosure by law, or by a court of law;
• or required under paragraph 15 below, in which event the recipients of the confidential information shall themselves be bound to maintain the confidentiality;or
• the specific information comes into the public domain (otherwise than as a result of a disclosure by the Mediator); or
• the parties release the Mediator from the confidentiality restriction; or
• necessary to defend the Mediator from any proceedings or charges for which he/she risks incurring any liability.

7.4         The mediator must, however, disclose having previously served as a mediator in a mediation involving one or more of the parties, provided none of the details of that case are disclosed.

7.5         The Mediator may use or disclose confidential information obtained during a mediation when, and to the extent that, they believe it to be necessary to prevent death or serious physical harm or physical damage from arising or believe an illegal act may realistically arise. Before using or disclosing such information, if not otherwise required to be disclosed by law, mediators must, if they consider it appropriate, make a good faith effort to persuade the party and/or the party’s counsel or other advisers, to act in such a way that would remedy the situation.

7.6         At no time will the Mediator adduce evidence or testify on behalf of one of the parties in making or defending a claim against another party to the same mediation where they have acquired confidential information from the other party, unless all that information is no longer confidential, or the party protected by the confidentiality gives consent, or is so ordered by a court.

8.1         The Mediator must ensure that all parties are fully informed about the mediation process, including its purpose, structure, and potential outcomes, before agreeing to participate.

8.2         The Mediator must obtain the voluntary and informed consent of all parties involved.

9.1         The Mediator must possess the necessary skills, knowledge, and training to conduct effective mediations.

9.2         The Mediator must regularly update and enhance their professional skills through continuing education and training.

10.1     The Mediator must avoid conflicts of interest that may compromise neutrality or create the appearance of bias.

10.2     The Mediator must disclose any potential conflicts of interest to the parties involved and, if necessary, withdraw from the mediation where such a conflict exists or potentially exists.

11.1     The Mediator must respect the self-determination of the parties, allowing them to make their own decisions without coercion.

11.2     The Mediator must provide information, not advice, allowing parties to explore and generate their own solutions.

12.1     The Mediator must be aware of and respect cultural differences among the parties.

12.2     The Mediator must seek to understand and address any cultural dynamics that may impact the mediation process.

13.1     The Mediator must uphold the highest standards of professional integrity and ethical behaviour.

13.2     The Mediator must avoid any actions that could harm the reputation of the mediation profession and DDR.

14.1     The Mediator must commit to ongoing professional development and self-reflection.

14.2     The Mediator must obtain feedback from parties involved in mediations to identify areas for improvement. Such feedback must be provided to DDR for monitoring and/or assessment purposes.

15.1     The Mediator must take responsibility for his/her actions during the mediation process.

15.2     The Mediator must be accountable for upholding the ethical standards of DDR and the profession.

15.3     A DDR affiliated Mediator may consult DDR about any professional or ethical dilemmas.

15.4     Where a DDR affiliated Mediator is subject to this Code, a party to a mediation who believes there has been a lack of compliance with this Code may activate the disciplinary procedures of DDR under whose auspices the mediation took place.