Reflections on IMI’s Event “Navigating the IMI Draft Code of Conduct for Mediators”

On February 10, 2026, the International Mediation Institute (IMI) convened the first official session of the 2026 Public Consultation on the IMI Draft Code of Conduct for Mediators, marking a significant milestone in the quest to professionalise mediation globally. Led by IMI Executive Director Ivana Ninčić Österle, along with Board Chair Tat Lim and Ethics Committee Chair Professor Omer Shapira, the webinar focused on introducing the Draft Code to ensure mediation is recognised globally as a trustworthy profession held to high professional standards. The initiative was well-received, as evidenced by the high level of engagement from approximately 60 professionals in attendance.

The Vision: IMI and the Development of the Draft Code

The session was opened by Ivana Ninčić Österle, who contextualized the draft as a product of extensive pro bono commitment by the IMI Ethics Committee. She outlined that the event would cover the inception of the Draft Code, provide an overview of its structure and content, and explore the substance of the public consultation to help practitioners provide their feedback. To answer the question of “why now”, Tat Lim grounded the discussion in the very definition of a profession, citing Harold L. Wilensky’s 1964 thesis on professionalization.

“Any occupation wishing to exercise authority must find a technical basis for it, assert an exclusive jurisdiction, link both skill and jurisdiction to standards of training and convince the public that its services are uniquely trustworthy and tied to a set of professional norms.”

Harold L. Wilensky, Professor Emeritus of Political Science, University of California at Berkeley

This vision is the driving force behind the ongoing public consultation. By transcending local jurisdictions and harmonizing global standards, IMI is not just drafting a document, but building a trust mark for the community. Since IMI’s establishment in 2007, IMI has driven global mediation standards by establishing high competency standards, disseminating advanced skills, and convening practitioners to ensure transparency and ethical rigor worldwide. Ivana also introduced the work of the Ethics Committee, where she had the pleasure of volunteering prior to her appointment as Executive Director. Since 2020, the Committee has prioritized drafting the new Code, with the IMI Board recently taking on the responsibility of launching the public consultation phase. She shared her enthusiasm regarding the high level of participation in this first session, which suggests the project is on track to deliver a valuable resource for the mediation field in time for IMI’s 20th anniversary in 2027.

Architectural Overview: The Structure of the Draft Code

The Draft Code was developed between 2021 and 2024 by an international committee of experts, including Lola Akin Ojelabi (Australia), Zachary Calo (Qatar), Leonardo D’Urso (Italy), Dorcas Quek Anderson (Singapore), Beryl Ouma (Kenya), John Brand (South Africa), Ellen Waldman (USA), Mary Walker (Australia), Tat Lim (Singapore), Indre Korsakovienė (Lithuania), Omer Shapira (Israel) and Ivana Nincic Osterle (Serbia). It aims to provide minimum ethical standards applicable to all mediators, regardless of their specific style or practice context. Culminating in the second round of public consultation launched in 2025, this new phase is intended to invite a deep-level dialogue with IMI Certified Mediators and institutional stakeholders to refine the document’s operational utility.

Professor Omer Shapira explained that the Code is designed to move from high-level ideals to granular application. It is structured with an introduction defining its scope, a summary and detailed elaboration on its 12 General Principles, and concrete Practice Rules for distinct stages of mediation. The strategic value of this structure lies in its transition from abstract virtues to operational standards. By moving from principles to practical rules, the Code provides mediators with both a “compass and a map” to navigate complex ethical landscapes while maintaining internal consistency.

To demonstrate the structure and encourage an in-depth review, Omer guided the audience through key principles, such as self-determination. He explained that because ethical concepts often carry multiple interpretations, it is vital to read and apply the Code in its entirety. Recognizing that real-world scenarios often challenge theoretical plans and reality may defeat initial mediation plans, he emphasized that mediators must be equipped to deal with and adapt to unique situations. When obligations conflict, mediators must search for an alternative course of action or, failing that, withdraw to minimize as far as possible the harm resulting from the violation. To support this, the Ethics Committee is committed to providing ongoing guidance on how specific contexts might shape Practice Rules. Omer further clarified that the Draft Code is currently a guide rather than a binding legal obligation, as it is intended to complement not override existing legislation and professional rules.

Read the Non-binding Draft for Public Consultation: IMI Code of Conduct for Mediators (2024).

Call to Action: Participate in the Public Consultation

A recurring theme of the event was the balance between global standards and local diversity. Ivana stressed the need for diverse global perspectives to ensure the Code truly reflects the mediation community’s values. Invoking the words of Mary Parker Follett, she stressed that the Code is designed to respect the variety of global practices while safeguarding that users of mediation know exactly what to expect from a certified professional.

“Unity, not uniformity, must be our aim. We attain unity only through variety. Differences must be integrated, not annihilated, not absorbed.”

Mary Parker Follet

Ivana also introduced the Co-Secretaries supporting the Public Consultation process, Sophie Tkemaladze, independent dispute resolution practitioner from Georgia, and Abigél Farkas, IMI colleague and law student at The Hague University of Applied Sciences. To guide the feedback process, Ivana explained that IMI has categorized the consultation into four key areas: the status, application, and enforcement of the Draft Code; the scope of the document; its specific content; and the roles of the Ethics Committee and IMI in its promotion. She highlighted early adopters such as Conflict Dynamics from South Africa, who have already adapted and published the draft to suit their specific cultural and jurisdictional needs. This proactive adoption underscores the document’s potential to serve as a flexible, high-standard template that can be tailored by mediation communities worldwide.

The event was praised by participants, who engaged in a dynamic discussion regarding the Code’s nuances and implementation. Key topics raised for consideration included the balance between mandatory referrals and voluntary participation, as well as mediator fee structures. Attendees were encouraged to submit formal suggestions on the Draft Code to help shape future revisions. The session concluded with a call for continued engagement in upcoming events, where IMI will host in-depth explorations of specific provisions.

We invite anyone passionate about mediation ethics to join this conversation! Together, we can elevate ethical standards for mediators worldwide.

We are interested to hear from you! Share any experience that has caused you ethical reflection at the mediation table using the Ethics Questions and Dilemmas form.

📖  For a review of the material discussed, please see below the slides from the event:

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