Concept and content of professional ethics of a mediator

Abstract

The article explores the content of a mediator's professional ethics. It asserts that although conflicts originate in the social sphere, they fall within the legal domain (arising and being resolved within the scope of legal consequences) when considered as objects of mediation. It is noted that the mediator's role is not solely a psychological phenomenon and should not be reduced to its practical application. Unlike a psychologist, a mediator operates within well-defined legal frameworks regarding the mediation procedure. Given the adversarial nature of the mediation object, a mediator cannot be either a party or an arbitrator. In other words, the mediator's work is carried out within institutional legal principles, while the psychological aspect is strictly non-institutional. It has been researched that the professional ethics of a mediator is based on ethical values: trust; justice, including the principles of neutrality, independence, and impartiality; conscientiousness; truth, including transparency and honesty; freedom, meaning respect for the mediator's autonomy; responsibility; conscience, which includes the principle of voluntariness, dignity, humanity, and compliance with the requirements imposed on the mediator. It is noted that at present, there are no codified norms of ethical conduct for mediators, and the legislator's attention is focused on regulating their activities. Emphasis is placed on the necessity of professional ethics arising from its socio-cultural purpose, which defines a system of values and principles that should correspond to the general concept of goodness for adequate professional communication. The article outlines some requirements for the ethics of mediators as mentioned in Ukrainian and foreign Codes of Ethics for Mediators. The main content of mediator ethics is defined in the article. The main features of the concept of professional ethics of a mediator are identified. An author's definition of the concept of professional ethics of a mediator is proposed.