Code of Ethics

Code of Ethics for Mediators of Mediation Chamber of the Brazilian Intellectual Property Association (CMed-Abpi)

The purpose of this Code of Ethics is to guide the conduct and activities of the professionals who will act as mediators in the mediation procedures administered by the Chamber of Mediation of the Brazilian Intellectual Property Association (CMed-ABPI), in any of its stages, establishing the minimum and fundamental parameters for a good procedural development, and setting the principles that will guide them while performing their functions and the duties arising therefrom. This text is not intended to be exhaustive, and in performing their activities mediators may and should resort to other guidelines and conducts that recommend ethics and common sense.

1.1. Besides the general principles of conduct, such as good faith, honesty, etc., these are principles that should always guide the mediator’s activities, before, during and after the mediation procedure:

(i) imptood as the effort of all participants to optimize the conduct and development of the procedure

(vi) diligence and patience, understood as the care and prudence with which the procedure will be conducted, paying attention to the time and limits of each of the participants and aiming at the quality of the results to be achieved

(vii) responsibility and competence, understood as the commitment that the mediator must present in the conduction of the procedure, in all its phases, recognizing themselves, equally, as a qualified and capable subject to direct the procedure, observing eventual specific needs and qualifications for the performance of their function

(viii) credibility and reliability, understood as the legitimacy and recognition it must obtain and constantly develop with the participants in the procedure

(ix) equidistance, undersartiality, understood as the duty to remain impartial about the parties to a procedure

(ii) independence, understood as the independent relationship towards the parties to the procedure

(iii) discretion, understood as making no comments and/or mentioning the existence of the procedure or its contents

(iv) confidentiality, understood as the duty not to exploit, in any way, to one’s own benefit or for the benefit of a third party, in the external environment of mediation, any information, data, facts, reports, documents, proposals, drafts, and resulting adjustments, produced and/or eventually disclosed in the context of the meetings that precede the mediation process between the parties and of the mediation. Confidentiality is the rule in all proceedings before CMed-ABPI, and may be partially or totally waived by force of law or in cases where the nature of the conflict, the interests at stake, and/or those involved in the proceedings so require;

(v) cooperation, understood as the isonomy to be ensured to all participants in the procedure

(x) Flexibility, understood as the capacity, in conducting the procedure, to meet the informality characteristic of the mediation procedure

(xi) transparency, understood as the duty to act with clarity, in order to guarantee the posture of a third party that must always be and appear to be impartial while performing their function

(xii) orality, understood as the way the procedure will be conducted, with the prevalence of dialog

(xiii) the informed decision, consisting of the mediator’s commitment to ensure that the parties have sufficient information to evaluate and decide

(xiv) the autonomy of the parties’ will, understood as the voluntary character of the mediation process, which guarantees the parties’ power to manage it, to establish different procedures and the freedom to make their own decisions during or at the end of the process

(xv) good faith, understood as acting with loyalty and respect when stating facts Attention will be paid to the observance of the truth and to behavior oriented to the effective solution of the controversy, as a result of the principle of cooperation also prescribed hereinbefore.

1.2. The mediator will conduct the mediation procedure in a way that meets the autonomy of will of the parties, not being responsible for making any decision concerning the solution of the conflict, nor for advising the parties.

1.3. When applying the principles listed above, the mediator will always seek to observe the will of the parties.

2.1. Observing the principles listed in 1.1 above, mediators, even before the procedure is initiated and throughout its course will:

(i) disclose to the participants of the mediation procedure all information, fact, relationship held with the participants or situation that may cause discomfort in their eyes or in the eyes of the other participants of the procedure or that may, in any way, influence their impartiality and independence, being at the discretion of the participants the ratification or not of their appointment,

(ii) decline the cases that it considers lacking knowledge and/or technical qualification necessary to ensure quality to the conduction of the procedure,

(iii) to develop its activities according to the rules established in the CMed-ABPI Regulations, Rules of Procedure and in this Code of Ethics, as well as in the Regulations of the CSD-ABPI, always respecting the autonomy of will of the parties and what is regulated in the mediation term,

(iv) assess together with the parties the feasibility and possible continuation or not of mediation in the case,

(v) act in a way that facilitates the process of dialogue between the participants, refraining from judging or advising the parties,

(vi) guide the participants, and make sure they understand the mediation procedure, the techniques and tools that can be explored, its guiding principles, stages and objectives, possible results, clarifying any questions and always welcoming the participants,

(vii) ensure the balanced participation, isonomy and legitimacy of all those involved in the procedure, guaranteeing the participants access to sufficient information and facts to enable them to evaluate and decide, observing the confidentiality applied to the case,

(viii) clarify to the parties the possibility of the participation of lawyers in the mediation procedure and that it is recommended that they check with their lawyers the legal aspects pertinent to any adjustments made, before signing any agreement,

(ix) interrupt its performance in the procedure in the face of any ethical or legal impediment,

(x) having acted as mediator, before the same parties, in each procedure, refrain from acting as arbitrator, expert witness, consultant or witness in any adversary proceeding arising from and/or related to the previous mediation. Likewise, those who advise or sponsor any of the parties in a mediation proceeding may not act as mediators in a new mediation involving the same parties.

2.2. It is the mediator’s duty to care, always, for the quality, efficiency, and speed of the procedure, so as to meet the expectations of the participants with regard to the institution and development of mediation.

3.1. The mediator will be barred, for a period of one (1) year, as from the end of the mediation procedure, from rendering services of any nature other than that of mediator to any of the parties.

3.2. The mediator’s function is very personal and cannot, under any circumstances, be delegated to another professional.

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