AFSA Mediation Code of Conduct
By accepting appointment to the panel of mediators established and maintained by the Arbitration Foundation of Southern Africa (“AFSA”), each mediator undertakes to adhere to these principles and standards of conduct.
- The mediator will always discharge his/her duties in such manner as to ensure the fair administration of justice between the parties.
- A mediator will not accept appointment unless he/she is satisfied that he/she can act impartially and independently in that matter. He/she will disclose to the AFSA Secretariat before appointment any matter known to him/her which could impair, or might reasonably be thought to impair, his/her ability to act fairly and independently.
- The mediator will act diligently and efficiently and always with due courtesy to the parties and their representatives.
- The mediator will always ensure that he/she devotes sufficient time and proper attention to the matter, both in the preparation for and at the mediation hearing.
- The mediator will ensure that he/she maintains confidentiality in all matters unless the parties expressly agree otherwise.
- The mediator will employ procedures which avoid unnecessary cost or delay and which promote the efficient despatch of his/her task.
- The mediator will abide any rulings made by AFSA in regard to standards of conduct of mediators and accepts the duty to inform the AFSA Secretariat of any matter or thing which may be relevant to his/her appointment as a mediator in any particular case, to the desirability of his/her continued appointment to an AFSA panel of mediators and any allegation made against the mediator in the conduct of any mediation.
- The mediator undertakes to cooperate with the AFSA Secretariat in order to facilitate the Secretariat’s work in administering any mediation in which he or she is appointed.