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16 March 2026

Civil Mediation Council Consults On Draft Code Of Professional Practice For Mediators

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Herbert Smith Freehills Kramer LLP

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The draft code aims to set out what it means to be a regulated mediator or regulated mediation organisation, and the standards the public should be able to expect.
United Kingdom Litigation, Mediation & Arbitration
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The draft code aims to set out what it means to be a regulated mediator or regulated mediation organisation, and the standards the public should be able to expect.

The Civil Mediation Council (CMC) has launched a consultation on a draft Code of Professional Practice for Mediators (the draft code).

The draft code aims to bring together the values, behaviours and responsibilities that underpin fair and effective mediation, with a focus on principles and professional outcomes. It aims to strike an appropriate balance between protecting the public and allowing mediators and organisations to exercise reasonable professional judgement.

The consultation closes on 14 April 2026 and all those with an interest in mediation are invited to review the draft and share their views.

Overview

The draft code is structured in two parts, with Part 1 (Elements 1 to 5) intended to apply to individual regulated mediators and Part 2 (Element 6) applying to mediation organisations. Each Element states a principle, which is then followed by practical expectations that are intended to illustrate how that principle should operate in practice.

A key drafting feature is the use of "must", signalling requirements mediators and organisations are expected to meet, and "should", signalling expectations that normally apply but allowing for reasonable professional judgement as circumstances dictate.

Part 1 covers the following areas:

  • Knowledge and skills (Element 1): Maintain competence and expertise through continual growth of knowledge, skills and experience. In particular, the draft code proposes that mediators must practise within their own area of competence, recognise the limits of their expertise and not undertake work for which they are not qualified.
  • Professional practice (Element 2): Treat everyone with respect, fairness and in an open and inclusive way, mindful of the wider impact of professional practice. Although the draft code does not mention the use of AI specifically, it notes that digital tools or technologies are only to be used where their purpose and scope are clear, with appropriate safeguards in place and with the participants' consent.
  • Conduct of the mediation process (Element 3): The expectations of the draft code are directed at creating a clear, safe and balanced environment in which participants can make fully informed decisions.
  • Trust and professionalism (Element 4): Uphold standards of conduct and behaviour to ensure and maintain the public's trust and confidence in the mediation profession. The draft code includes a requirement that mediators must comply with the laws of the country in which they are practising.
  • Professional accountability (Element 5): Uphold professional standards and sustain public trust and confidence by demonstrating integrity, transparency and responsibility in dealing with the CMC.

Part 2 focuses on mediation organisations. Mediation organisations are expected to have effective governance arrangements, policies and systems that support safe, fair and high-quality practice. Organisations are also expected to foster a culture of accountability to support consistent delivery of services to a standard reasonably expected by the public.

Next steps

The consultation closes on 14 April 2026 and all those with an interest in mediation are invited to review the draft and share their views. Responses can be submitted through a questionnaire on the CMC's website.

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