In September 2020, the IMI Board voted to reinstate the IMI Ethics Committee to carry out the below tasks, with draft Terms of Reference to be confirmed now that the Committee has been finalised.
Draft ToRs: Reassessing Ethics Standards in light of the Singapore Convention
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. Namely, 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/ Establishing of a Mediation Ethics Taskforce
The IMI Ethics Committee should be revived or reconstituted. The principal task of the Ethics Committee 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).
- IMI Professional Conduct Assessment Process
The Ethics Committee would review the Conduct Assessment Process and determine if there are procedural and structural changes needed to enhance its effectiveness and relevance.
- IMI Role in the Post-Singapore Mediation Landscape
The Ethics Committee would assess and promote IMI’s role 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
We would develop for distribution a white paper on contemporary developments in mediation ethics, particularly as pertains to IMI’s role therein.
We would offer a webinar on the subject of mediation ethics as part of the Singapore Convention Online Seminar Series.
We 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.
Omer Shapira has been recommended and approved as Committee Chair; Prof Zachary Calo and Ivana Nincic are acting as joint Secretaries.
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.