IMI’s Draft Code of Professional Conduct

After three years of deliberation, the IMI Ethics Committee has published the first version of the draft revision of the Code of Professional Conduct and has initiated a series of outreach events.

The official consultation and outreach program will be carried out throughout 2024, in cooperation with local and regional partners.*

We invite you to read the Draft Code and send us your reflections!

Please note: As per IMI Committees and Taskforces Policy and Procedure Guidelines from 11 September 2019, “Final [Committee] products, where relevant, are presented to the IMI Board by the [Committee] or IMI operation team as appropriate, after a public consultation period of at least three (3) months. It is for the IMI Board to decide on implementing any  [Committee] products or recommendations. Implementation is operationalised by the IMI operations team, as directed by the Board.” The draft Revision of the IMI Code of Conduct is therefore currently only a draft deliverable of the IMI Ethics Committee and at this stage it does not reflect the view of IMI as an organization nor has it received the IMI Board’s formal approval.

Upcoming Events:

• 28 September 2023, Utrecht, NL: Within the COI Conference 2023: Towards just institutional approaches to conflict prevention and resolution, Panel: “International mediation: credentials and ethics,” Omer Shapira will present his work on the role of non-governmental actors, such as community mediation centres in Israel and IMI, in developing and implementing codes of ethics that promote just and trustworthy conflict resolution in both national and international contexts. For more information, please see here.
• 17 November 2023, NYC, USA: Fordham Arbitration and Mediation Conference, Panel: “Ethics for Mediators and Counsel under the Singapore Convention“ (part of NY Arbitration Week), Registration link

Reassessing Ethics Standards in light of the Singapore Convention

In September 2020, the IMI Board voted to reinstate the IMI Ethics Committee with the principle task to review and, as appropriate, revise IMI’s Code of Professional Conduct. The Committee was guided to give particular attention to incorporating the latest standards in mediation and addressing developments that are appropriate in light of the Singapore Convention (broadening the scope, considering mediator duties, such as relating but not limited to disclosure, impartiality, confidentiality and termination of mediation, etc.).

Namely, the entering into force of the Singapore Convention on Mediation and the growth of international commercial and investment mediation practice which is expected as more countries ratify the Convention creates an occasion to reassess professional standards that apply to mediators and mediation. The mediator misconduct provisions contained in Article 5(1)(e) and 5(1)(f) of the Convention have given professional mediator standards an international relevance as grounds for refusing to grant relief (enforcement of the mediated settlement agreement), creating a need to establish greater clarity on the proper standards applicable to mediators, as well as greater guidance on their potential regulatory harmonization.

*The full outreach program has been postponed as part of a holistic approach to all activities falling under IMI’s mission statement, and a strategic reenvisaging of the Foundation.