In the pursuit of justice and the resolution of conflicts through peaceful means, we, the stakeholders of the Settle ADR Platform, affirm our unwavering commitment to ethics. This concise Code of Ethics serves as our moral compass in the realm of Alternative Dispute Resolution (ADR).
We believe ADR transcends dispute resolution; it's a sanctuary for trust, fairness, and relationship restoration. Our platform aims to empower individuals and organizations to address conflicts with empathy, respect, and efficiency. We pledge to uphold the values of neutrality, confidentiality, transparency, and cultural sensitivity in every aspect of ADR. As practitioners, we're entrusted with protecting the rights and dignity of all participants.
Our mission extends beyond dispute resolution; it envisions a world where collaboration supersedes adversarial battles, and justice aligns with peace.
In the subsequent pages, we articulate the ethical standards that guide our collective journey. We invite all involved in our ADR process to embrace this Code as a path to fairness, respect, and a more harmonious society. Together, we'll transform conflicts into opportunities for growth, dialogue, and enduring reconciliation.
1.1. Neutrality and Impartiality: Arbitrators and mediators/conciliators shall demonstrate unwavering neutrality and impartiality throughout the dispute resolution process. They must avoid any bias or prejudice, both in appearance and in practice.
1.2. Disclosure of Relationships: Arbitrators and mediators/conciliators must promptly disclose any personal, financial, or professional relationships that may reasonably raise doubts about their impartiality or independence. Parties should have the opportunity to assess and challenge potential conflicts.
2.1. Strict Confidentiality: Arbitrators and mediators/conciliators must maintain the strictest confidentiality regarding all information shared with them during the dispute resolution process. They should explain the limits of confidentiality to the parties involved.
2.2. Data Handling: They shall ensure the secure handling of sensitive data, including documents, statements, and communications, and must destroy or return such information after the conclusion of the dispute.
3.1. Transparency in Procedures: Arbitrators and mediators/conciliators should explain their roles, the process, and the expected timeline to the parties involved. They must also disclose any administrative fees or charges associated with their services.
3.2. Accountability for Actions: They are accountable for their actions during the ADR process, ensuring that they adhere to the established procedures and ethical standards. If any deviations occur, they must provide reasons and obtain parties' consent where necessary.
4.1. Equitable Treatment: Arbitrators and mediators/conciliators must treat all parties with respect, sensitivity, and fairness, regardless of their background, status, or characteristics.
4.2. Ensuring Due Process: They shall ensure due process is followed, including providing adequate notice, allowing parties to present their case, cross-examine witnesses, and respond to evidence. They should also encourage voluntary participation and informed decision-making.
5.1. Objective Decision-Making: Arbitrators must make decisions based solely on the evidence presented and the applicable law or principles. Mediators/conciliators must facilitate negotiation and settlement discussions without imposing personal judgments or opinions.
6.1. Cultural Sensitivity: They should be culturally sensitive and adapt their communication and approach to accommodate the diverse backgrounds and perspectives of the parties involved, fostering an inclusive environment.
7.1. Effective Communication: Mediators/conciliators must possess strong communication skills, actively listening to parties, summarizing issues, and facilitating constructive dialogues to reach mutually acceptable resolutions.
8.1. Continuous Learning: Arbitrators and mediators/conciliators must engage in continuous learning and professional development to stay updated with emerging trends, techniques, and legal developments in the field of ADR.
9.1. Reporting Violations: Arbitrators and mediators/conciliators who become aware of ethical violations by colleagues or within the ADR process should report such violations to the appropriate oversight body or authority.
Arbitrators and mediators/conciliators are integral to maintaining the ethical standards and effectiveness of the ADR process. Their adherence to principles of integrity, confidentiality, fairness, and cultural sensitivity is essential for fostering trust among the parties and ensuring the equitable resolution of disputes.