In September 2020, the IMI Board voted to reinstate the IMI Ethics Committee to carry out the below tasks, with Terms of Reference as confirmed below by the Ethics Committee.
Terms of Reference
Background
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 projects detailed below are intended to guide an internal process of review at IMI and also to inform a broader process of deliberation about the substance and structure of mediation ethics and standards in an increasingly transnational context. Contemplated projects include:
- Revival of the Ethics Committee and Revising of IMI’s Code of Professional Conduct
The IMI Ethics Committee should be revived or reconstituted. The principal task of the Ethics Committee and its first priority would be to review and, as appropriate, revise IMI’s Code of Professional Conduct. Particular attention would be given to incorporating the latest standards in mediation and addressing developments that are appropriate in light of the Singapore Convention (broadening its scope, considering mediator duties, such as relating but not limited to disclosure, impartiality, confidentiality and termination of mediation, etc.).
- Issuing Ethical Guidance to IMI Mediators
Following the revision of IMI’s Code of Professional Conduct, the Ethics Committee will strive to develop capabilities to respond to ethical queries from IMI Certified and Qualified Mediators, issue ethical guidance, and publish ethical opinions for the benefit of mediators and mediation users.
- IMI Professional Conduct Assessment Process
The Ethics Committee would review the Professional Conduct Assessment Process and determine if there are procedural and structural changes needed to enhance its effectiveness and relevance.
- Promoting IMI’s Role in the International Mediation Landscape
The Ethics Committee will assess and promote IMI’s role as a representative organisation and voice of its multinational and diversified membership within the transnational regulatory landscape, including potential coordination with regulatory bodies, institutional providers of mediation services, and other stakeholders about devising and promoting mediator ethics standards.
- White Paper
The Ethics Committee would develop for distribution a white paper on contemporary developments in mediation ethics, particularly as pertains to IMI’s role therein.
- Webinar
The Ethics Committee would offer a webinar on the subject of mediation ethics as part of the Singapore Convention Online Seminar Series.
- Colloquium
The Ethics Committee would explore convening a colloquium (online or in-person) with other institutional stakeholders to examine emerging issues in mediation ethics and potential collaboration amongst institutions with respect to standard-setting.
Draft for Consultation
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.” This document is currently only a draft deliverable of the Ethics Committee.
The first round of public consultation ran from September 2023 to April 2024, inviting mediators and stakeholders worldwide to provide feedback and help shape the Code. In May 2025, the IMI Board approved the launch of a Second Round of Public Consultations on the Draft Code of Ethics and established the Board Sub-Committee to provide guidance and recommendations to the Board and Ethics Committee.
As part of this process, a new questionnaire has been created to gather input from mediators, stakeholders, and the wider public. Feedback from mediators and professionals around the globe is crucial: sharing perspectives helps ensure that the final Code is balanced, relevant, and applicable across different countries, cultures, and mediation contexts. Comments on both the substance and implementation of the Code are welcome now.
Guidance on Mediation Ethics
If you have had an experience around the mediation table that has left you pondering about whether you did the right thing, please let us know!
Whether you were in the role of a mediator, mediation advocate or user, we are interested to hear from you, and look forward to building our collective knowledge base in order to advance the profession.
Members
Prof Omer Shapira serves as Committee Chair; Zachary Calo and Indrė Korsakovienė are acting as joint Secretaries. Ivana Ninčić Osterle was co-initiator of the 2020 re-convening and served as co-secretary until January 2023.
2014 Convening
The IMI Ethics committee was convened in 2014 to review the existing IMI Code of Professional Conduct and create a new Code of Professional Conduct for Mediation Providers. Members were (in alphabetical order):
- Chair: Ellen Waldman
- Anil Xavier
- John Brand
- Kenneth Cloke
- Leonardo D’Urso
- Lola Akin Ojelabi
- Margaret Halsmith
- Michal Alberstein
Until the 2020 committee was convened, the 2014 group continued to receive Professional Conduct Assessments for IMI Certified Mediators and Advocates.