Dear elder mediators,

In the light of feedback received from members, changes have been made to clauses 6.8.4. and 6.12.2. in the Code of Ethics. The latest version of the Code of Ethics is now available on our website at https://elder-mediation-international.net/wp-content/uploads/2018/10/EMIN-Code-of-Ethics-9th-Edition-Sep2018.pdf

The changes are as follows:

Clause 6.8.4 – Fair Negotiation

Previous wording:

6.8.4 It is a fundamental principle of mediation that competent and informed

participants can reach an agreement that may not correspond to legal

guidelines contained in the relevant statutes or case law or that does not

correspond with general community expectations and standards. However,

the Elder Mediator has a duty, within the limits of his or her competence, to

help the participants assess the feasibility and practicality of any proposed

agreement in the long and short term, taking cultural differences into account.

New wording:

6.8.4 The Elder Mediator has a duty, within the limits of his or her

competence, to help the participants assess the feasibility and practicality of

any proposed agreement in the long and short term, taking cultural

differences into account.

 

Clause 6.12.2 – The Written Summary

Previous wording:

6.12.2: The elder mediator must inform the participants that they should refer

to their lawyers if they wish the mediation agreement, or parts of the

mediation agreement, to represent a legally binding document.

.

New wording:

6.12.2: The elder mediator must encourage the participants to seek

independent legal advice before entering a binding mediation agreement. In

some jurisdictions, for example the Republic of Ireland, where a mediation

agreement is reached, the agreement has the effect of a contract between the

parties unless it is expressly stated otherwise. The elder mediator must

ensure that they are aware of any jurisdictional requirements pertaining to

mediation agreements.

 

A big thank you to members for the feedback received. Thanks also to the Ethics Committee for the time invested in considering the issues raised and the rewording of the clauses. These changes were subsequently approved by the Board.

 

Helen Harnett

Chair

EMIN