Introduction
1. I, Kevin Harding (t/a Kevin Harding Mediation) undertake to comply with this Code of Conduct (‘the Code’). The Code is consistent with the Code of Conduct prepared by the Centre for Effective Dispute Resolution (‘CEDR’) and the European Code of Conduct for mediators.
Competence and availability
2. I assure the parties that:
2.1 I possess the necessary competence and knowledge about mediation to deal with the dispute, based on my training as a CEDR Accredited Mediator and updating of education and practice in the necessary skills, as required by the regulations of the country of practice;
2.2 I have sufficient time to prepare properly for and conduct the mediation expeditiously and efficiently; and
2.3 I do not present my skills or background in all promotional material in any way which is not truthful or professional.
Fees and expenses
3. I undertake:
3.1 to make clear the basis for charging fees and expenses as between the parties for the conduct of the mediation before the process starts; and
3.2 not to prolong the mediation unnecessarily where there is, in my opinion, no reasonable likelihood of progress being made towards settlement of the dispute through mediation.
Independence and neutrality
4. I will:
4.1 at all times act fairly, independently and with complete impartiality towards the parties in the mediation, without any bias in favour of, or discrimination against, any of the parties;
4.2 ensure that the parties and their representatives all have adequate opportunities to be involved in the process;
4.3 disclose to the Parties any matter of which I am or at any time I become aware which could be regarded as being or creating a conflict of interest (whether apparent, potential or real) in relation to the dispute or any of the parties involved in the mediation, and, having done so, will not act or continue to act as the mediator in relation to the dispute unless the parties specifically acknowledge such disclosure and agree to me continuing to act in the mediation. Such matters include:
· any personal or business relationship with any of the parties;
· any financial or other interest in the outcome of the mediation;
· having acted in any capacity other than as a mediator in another matter for any of the parties;
· being in prior possession of any confidential information about any of the parties or about the subjectmatter of the dispute (but excluding any confidential information given to me by one of the parties while acting as the mediator in relation to the dispute); and
· any such matters involving a close member of my family.
4.4 not act for any of the parties individually in relation to the dispute either while acting as the mediator or at any time thereafter, without the written consent of all the parties.
Conduct of the Process
5. I will:
5.1 observe all the terms of the Mediation Agreement (especially as regards confidentiality);
5.2 ensure that the parties understand the obligations of the Mediation Agreement, including obligations relating to confidentiality; and
5.3 where there is resolution during the Mediation, direct the Parties to record any settlement in signed writing and ensure that the signatories acknowledge that by signing they accept and understand the terms of any settlement.
Professional Indemnity Insurance
6. I have professional indemnity insurance cover with Hiscox Insurance Company Limited for £2,000,000.
Withdrawing from the mediation
7. I will withdraw from the mediation and cease to act as the mediator in relation to the dispute if:
7.1 I am requested to do so by one of the parties;
7.2 I would be in breach of the Code if I continued to act as the mediator; or
7.3 I am required by one or more of the parties to act or refrain from acting in a way which would be in material breach of the Code or in breach of the law.
8. I may withdraw from the mediation at my own discretion and after such consultation with the parties as I deem necessary and appropriate (and always subject to my obligations as to confidentiality) if:
8.1 any of the parties is acting in material breach of the Mediation Agreement;
8.2 any of the parties is acting in an unconscionable or criminal manner;
8.3 I decide that continuing the Mediation is unlikely to result in a settlement; and
8.4 any of the parties alleges that I am in material breach of the Code.
Complaints
9. If a party has a problem with the mediation process or my compliance with the Code, I ask them to contact me by phone on 07442 018 360 or by email at kevin@kevinhardingmediation.com as soon as possible and give me a reasonable opportunity to discuss and resolve the problem.
10. If the party feels that I have not resolved the problem and would like to make a formal complaint, this should first be submitted in writing to kevin@kevinhardingmediation.com, with a clear explanation of the party’s concerns, along with all relevant documentation and the desired resolution. I will acknowledge the complaint within 5 working days and respond formally within 21 working days.
11. If the party is not satisfied with how I respond to the formal complaint, they can escalate the complaint to the Civil Mediation Council, of whom I am an associate member, by following the guidance at https://civilmediation.org/wp-content/uploads/2025/07/Complaint-Guidance-25-07.pdf