1.1. Mediation is an informal process where the mediator upon the parties’ request assists the parties in ending their conflict via an agreement.
1.2 Information that is brought to light during mediation, including separate meetings, is confidential unless otherwise explicitly agreed upon or for statutory reasons.
1.3 Prior to the start of the mediation process, the mediator must ensure that the parties have understood and with their signatures accepted the mediation agreement, including namely the provisions concerning the parties’ and mediator’s confidentiality.
1.4 The mediator is not an advisor to the parties and does not have the authority to settle the parties’ conflict.
1.5 The mediator is not obliged to express an opinion on the strengths and weaknesses of the parties’ factual or legal argumentation or to step in if the parties should find a solution to their conflict that differs from the outcome that would likely be the result of a court case or arbitration ruling.
1.6 Mediation is voluntary. A party and the mediator are at all times entitled to conclude the mediation process.
Neutrality, impartiality and independence
2.1 The mediator must be neutral, impartial and independent of the parties.
2.2 Prior to the mediation – and during the mediation process if needed – the mediator must notify the parties of any potential circumstances that could be viewed as influencing the mediator’s neutrality, impartiality or independence.
2.3 If at any time there is justified doubts about the mediator’s neutrality, impartiality or independence, the mediator must halt the mediation process.
2.4 The mediator may not act as a mediator if he/she has previously as a representative of a party aided any of the parties in matters that are related to the conflict.
The parties’ attorneys
3.1 The parties can take part in a mediation process with or without the assistance of attorneys. The mediator shall ask whether any of the parties will have attorneys participating and notify both parties of this.
3.2 Individuals other than the parties, their attorneys and mediator can participate in the mediation process to the extent that the parties and mediator can agree on this.
3.3 A party is always entitled to seek advice from their attorney during the mediation process, regardless of whether the attorney is present or not.
Requirements for the mediator
4.1 The mediator is obliged to comply with legislation, the association’s ethical rules and the ethical rules for attorneys.
4.2 In the practical planning, the mediator must promote progress in the case as much as possible in a collaboration with the parties.
4.3 The mediator may not demand more in remuneration for his/her work than what would be considered reasonable.
4.4 The mediator’s remuneration may not depend on whether the parties’ conflict is ended with an agreement or not.
4.5 The media shall have the educational qualifications that are specified in Mediatoradvokater’s articles of association. The mediator is obliged to maintain and improve his/her mediation competences.
Danske Mediatoradvokater / Vesterbrogade 32 / 1620 København V / Tlf. 3343 7000